The problem of punishment -- Punishment as crime prevention -- Can retributive punishment be justified? -- The mixed theory of punishment -- Retribution and revenge -- What is the purpose of retribution? -- Making sense of honor -- Is punishment justified?

This book compares two competing theories of human nature: the more traditional theory espoused in different forms by centuries of western philosophy and the newer, Darwinian model. In the traditional view, the human being is a hybrid being, with a lower, animal nature and a higher, rational or “spiritual” component. The competing Darwinian account does away with the idea of a higher nature and attempts to provide a complete reduction of human nature to the evolutionary goals of survival and reproduction. (...) Whitley Kaufman presents the case that the traditional conception, regardless of one's religious views or other beliefs, provides a superior account of human nature and culture. We are animals, but we are also rational animals. Kaufman explores the most fundamental philosophical questions as they relate to this debate over human nature—for example: Is free will an illusion? Is morality a product of evolution, with no objective basis? Is reason merely a tool for promoting reproductive success? Is art an adaptation for attracting mates? Is there any higher meaning or purpose to human life? Human Nature and the Limits of Darwinism aims to assess the competing views of human nature and present a clear account of the issues on this most pressing of questions. It engages in a close analysis of the numerous recent attempts to explain all human aims in terms of Darwinian processes and presents the arguments in support of the traditional conception of human nature. (shrink)

The doctrine of karma and rebirth is often praised for its ability to offer a successful solution to the Problem of Evil. This essay evaluates such a claim by considering whether the doctrine can function as a systematic theodicy, as an explanation of all human suffering in terms of wrongs done in either this or past lives. This purported answer to the Problem of Evil must face a series of objections, including the problem of anylackofmemoryofpastlives,the lack of proportionality between wrongdoing (...) and the observed suffering in the world, the problem of infinite regress of explanation, and the problem of compatibility of free will with karmic determinism. These objections, either separately or taken together, provide (it is argued) sufficient reason to doubt whether the doctrine of karma and rebirth can in fact provide a satisfactory theodicy. (shrink)

It is widely held by moral philosophers that J.J. Thomson’s “Loop Variant,” a version of the Trolley Problem first presented by her in 1985, decisively refutes the Doctrine of Double Effect as the right explanation of our moral intuitions in the various trolley-type cases.See Bruers and Brackman, “A Review and Systematization of the Trolley Problem,” Philosophia 42:2 : 251–269; T. Scanlon, Moral Dimensions: Permissibility, Meaning, Blame ; Peter Singer, “Ethics and Intuitions,” Journal of Ethics 9:314 : 331–352, p. 340; Matthew (...) Liao, “The Loop Case and Kamm’s Doctrine of Triple Effect,” Philosophical Studies 146:2 : 223–231; H. Sauer, “Morally Irrelevant Factors: What’s Left of the Dual Process Model of Moral Cognition?,” Philosophical Psychology 25:6 : 783–811, p. 797. Frances Kamm suggests the DDE can be saved from the objection, but only by radically revising it into a doctrine of “Triple Effect” (In .. (shrink)

In Justified Killing, Whitley R. P. Kaufman argues that none of the leading theories adequately explains why it is permissible even to kill an innocent attacker in self-defense, given the basic moral prohibition against killing the innocent. Kaufman suggests that such an explanation can be found in the traditional Doctrine of Double Effect, according to which self-defense is justified because the intention of the defender is to protect himself rather than harm the attacker.

The doctrine of karma and rebirth is often praised for its ability to offer a successful solution to the Problem of Evil. This essay evaluates such a claim by considering whether the doctrine can function as a systematic theodicy, as an explanation of all human suffering in terms of wrongs done in either this or past lives. This purported answer to the Problem of Evil must face a series of objections, including the problem of any lack of memory of past (...) lives, the lack of proportionality between wrongdoing and the observed suffering in the world, the problem of infinite regress of explanation, and the problem of compatibility of free will with karmic determinism. These objections, either separately or taken together, provide (it is argued) sufficient reason to doubt whether the doctrine of karma and rebirth can in fact provide a satisfactory theodicy. (shrink)

In a recent edition of the journal Philosophy, Sophie Botros asserts that modern ethical theorists have badly misunderstood the role of the Doctrine of Double Effect, turning it into a device by which to prohibit actions which are deemed impermissible; whereas the true function of the Doctrine is rather one of justifying actions. In my reply, I argue that Dr Botros has misunderstood the Doctrine: that its ‘prohibitive’ and its ‘justificatory’ roles are merely two sides of the same coin, since (...) its function is to decide for a given action whether it is permissible or impermissible. Furthermore, Dr Botros has misconstrued the essential contribution of the DDE is not the balancing of good results against bad ones, but the quite different position that the crucial moral distinction is between intended and merely foreseen results. (shrink)

It is an assumption widely shared by both retributivists and anti-retributivists that revenge is a morally impermissible basis for inflicting harm. Retributivists have thus exercised great ingenuity in demonstrating that retribution is fundamentally different from revenge. But this is, I argue, to misconstrue the problem. The problem is rather to recognize the essential continuity between revenge and retribution, and to address the question whether there is a moral basis for the very idea of inflicting harm in response to moral wrongdoing. (...) I argue that the only plausible such moral justification is the defense of honor, and that the debate needs to be focused on the legitimacy of honor as a moral basis for punishment. (shrink)

Sam Harris’ new book “The Moral Landscape” is the latest in a series of attempts to provide a new “science of morality.” This essay argues that such a project is unlikely to succeed, using Harris’ text as an example of the major philosophical problems that would be faced by any such theory. In particular, I argue that those trying to construct a scientific ethics need pay far more attention to the tradition of moral philosophy, rather than assuming the debate is (...) simply between a scientific ethics and a “supernatural” ethics provided by religion. (shrink)

A frequent argument is that Darwin’s theory of evolution has or should revolutionize our conception of the relation between humans and animals, though society has yet to take account of that revolution in our treatment of animals. On this view, after Darwin demonstrated the essential continuity of humans and animals, traditional morality must be rejected as speciesist in seeing humans as fundamentally distinct from other animals. In fact, the argument is of dubious merit. While there is plenty of room for (...) improving our treatment of animals, it is unlikely that these shortcomings can be blamed on scientific ignorance, or that knowledge of the theory of evolution has any clear moral implications for our treatment of animals. (shrink)

Introduction -- The principles of self-defense -- The leading theories of self-defense -- The doctrine of double effect -- Double effect and common sense morality -- Can double effect justify self-defense? -- Conclusion: Justifying self-defense.

In this essay I analyze and defend the common sense moral conviction that terrorism, i.e., the use of violence against civilians for political or military purposes, is always morally impermissible. Terrorism violates the fundamental moral prohibition against harming the innocent, even to produce greater overall good. It is therefore just the sort of case that serves as a refutation of consequentialist moral theories. From a deontological perspective, the only remotely plausible forms of justification for a terrorist act would be that (...) it constitutes a form of justifiable punishment of the guilty, or that it is legitimate self-defense against an aggressor. But an examination of the fundamental moral and legal principles of punishment and self-defense demonstrates that neither of these claims can succeed. Since terrorism cannot be justified either as punishment or as self-defense, it cannot be morally justified at all. (shrink)

In this essay I analyze and defend the common sense moral conviction that terrorism, i.e., the use of violence against civilians for political or military purposes, is always morally impermissible. Terrorism violates the fundamental moral prohibition against harming the innocent, even to produce greater overall good. It is therefore just the sort of case that serves as a refutation of consequentialist moral theories. From a deontological perspective, the only remotely plausible forms of justification for a terrorist act would be that (...) it constitutes a form of justifiable punishment of the guilty, or that it is legitimate self-defense against an aggressor. But an examination of the fundamental moral and legal principles of punishment and self-defense demonstrates that neither of these claims can succeed. Since terrorism cannot be justified either as punishment or as self-defense, it cannot be morally justified at all. (shrink)

Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after circulatory (...) determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

DBS Think Tank IX was held on August 25–27, 2021 in Orlando FL with US based participants largely in person and overseas participants joining by video conferencing technology. The DBS Think Tank was founded in 2012 and provides an open platform where clinicians, engineers and researchers can freely discuss current and emerging deep brain stimulation technologies as well as the logistical and ethical issues facing the field. The consensus among the DBS Think Tank IX speakers was that DBS expanded in (...) its scope and has been applied to multiple brain disorders in an effort to modulate neural circuitry. After collectively sharing our experiences, it was estimated that globally more than 230,000 DBS devices have been implanted for neurological and neuropsychiatric disorders. As such, this year’s meeting was focused on advances in the following areas: neuromodulation in Europe, Asia and Australia; cutting-edge technologies, neuroethics, interventional psychiatry, adaptive DBS, neuromodulation for pain, network neuromodulation for epilepsy and neuromodulation for traumatic brain injury. (shrink)

Descartes held the doctrine that the eternal truths are freely created by God. He seems to have thought that a proper understanding of God's freedom entails such a doctrine concerning the eternal truths. In this paper, I examine Descartes' account of divine freedom. I argue that Descartes' statements about indifference, namely that indifference is the lowest grade of freedom and that indifference is the essence of God's freedom are not incompatible. I also show how Descartes arrived at his doctrine of (...) the creation of the eternal truths by consideration of the nature of God's freedom. Footnotes1 In this paper, I employ the following abbreviations:AT: Descartes, René Oeuvres de Descartes, C. Adam and P. Tannery (eds) (Paris: J. Vrin, 1996) (cited by volume and page number).CSM: Descartes, René The Philosophical Writings of Descartes, vols 1 and 2, J. Cottingham, R. Stoothoff, D. Murdoch (transl.) (Cambridge: Cambridge University Press, 1985) (cited by volume and page number).CSMK: Descartes, René The Philosophical Writings of Descartes, vol. 3, J. Cottingham, R. Stoothoff, D. Murdoch, A. Kenny (transl.) (Cambridge: Cambridge University Press, 1991) (cited by page number). (shrink)

Type theory is a fast-evolving field at the crossroads of logic, computer science and mathematics. This gentle step-by-step introduction is ideal for graduate students and researchers who need to understand the ins and outs of the mathematical machinery, the role of logical rules therein, the essential contribution of definitions and the decisive nature of well-structured proofs. The authors begin with untyped lambda calculus and proceed to several fundamental type systems culminating in the well-known and powerful Calculus of Constructions. The book (...) also covers the essence of proof checking and proof development, and the use of dependent type theory to formalize mathematics. The only prerequisites are a good knowledge of undergraduate algebra and analysis. Carefully chosen examples illustrate the theory throughout. Each chapter ends with a summary of the content, some historical context, suggestions for further reading and a selection of exercises to help readers familiarize themselves with the material. (shrink)

A new installment in the series that blew readers' minds with Biocentrism and Beyond Biocentrism, The Grand Biocentric Design offers an even deeper dive in to the nature of reality and our universe based on the latest groundbreaking research.

The doctrine of karma, as elaborated in the Hindu, Buddhist, and Jain religious traditions, offers a powerful explanatory account of the human predicament, and in particular of seemingly undeserved human suffering. Whitley R. P. Kaufman is right to point out that on some points, such as the suffering of children, the occurrence of natural disasters, and the possibility of universal salvation, the karma theory appears, initially at least, much more satisfactory than the attempts made to solve the perennial (...) problem of evil by writers working within the mainstream theistic traditions of Judaism, Christianity, and Islam .1 Kaufman, we think, is also correct to highlight the lack of critical analysis given by contemporary philosophers of religion to the theory of karma, at least in comparison with the voluminous body of work produced in recent years on the theistic problem of evil . Kaufman?s recent article in this journal, therefore, is to be welcomed as a step toward redressing this imbalance in the literature, and in the process helping to remove the Western theistic bias of much contemporary philosophy of religion. On the other hand, we think that Kaufman has unfortunately done little to further the general understanding of the doctrine of karma. (shrink)

We discuss five kinds of representations of rationales and provide a formal account of how they can alter disputation. The formal model of disputation is derived from recent work in argument. The five kinds of rationales are compilation rationales, which can be represented without assuming domain-knowledge (such as utilities) beyond that normally required for argument. The principal thesis is that such rationales can be analyzed in a framework of argument not too different from what AI already has. The result is (...) a formal understanding of rationales, a partial taxonomy, and a foundation for computer programs that represent and reason with rationales.The five kinds of rationales are as follows: (c)ompression and (s)pecialization, which yield rules, and (d)isputation, which yields a decision. These are modeled as potentially changing the focus of the dispute. Then there are (f)it, a rationale for rules, and (r)esolution, a rationale for decisions. These cannot be modeled as simply; they force disputation to a meta-level, at least temporarily. (shrink)

Health care professionals often face moral dilemmas. Not dealing constructively with moral dilemmas can cause moral distress and can negatively affect the quality of care. Little research has been documented with methodologies meant to support professionals in care for the homeless in dealing with their dilemmas. Moral case deliberation is a method for systematic reflection on moral dilemmas and is increasingly being used as ethics support for professionals in various health-care domains. This study deals with the question: What is the (...) contribution of MCD in helping professionals in an institution for care for the homeless to deal with their moral dilemmas? A mixed-methods responsive evaluation design was used to answer the research question. Five teams of professionals from a Dutch care institution for the homeless participated in MCD three times. Professionals in care for the homeless value MCD positively. They report that MCD helped them to identify the moral dilemma/question, and that they learned from other people’s perspectives while reflecting and deliberating on the values at stake in the dilemma or moral question. They became aware of the moral dimension of moral dilemmas, of related norms and values, of other perspectives, and learned to formulate a moral standpoint. Some experienced the influence of MCD in the way they dealt with moral dilemmas in daily practice. Half of the professionals expect MCD will influence the way they deal with moral dilemmas in the future. Most of them were in favour of further implementation of MCD in their organization. (shrink)

This book, which represents probably the most comprehensive discussion of the emergence of modem social science yet produced, is of far more than merely historical interest. The contributors set out to rewrite the history of the social sciences and to show the limitations of conventional conceptions of their development. These tasks they accomplish with great success and much distinction. Yet in so doing they contribute in a direct way to our understanding of the relation between social analysis and the nature (...) of human societies today. The brilliant and distinctive perspective of the papers in this collection is to demonstrate, with many specific examples, that social science and modem institutions have helped shape each other in mutual interplay. Modem systems are in some part con stituted through the reflexive incorporation of developing social science knowledge; on the other hand, the social sciences organise themselves in terms of a continuing reflection upon the evolution of those systems. Such a perspective, as Wagner and Wittrock in particular make clear, does not in any way either impugn the status of knowledge claims made within social science or destroy the independent reality of social institutions. The book questions the notion that the institutionalising of the social sciences can be understood as a process of their increasing autonomy from extemal social connections. 'Autonomy' forms a mode of legitima tion and a basis of power rather than a distinctive phenomenon as such. (shrink)

The 1973 archeological discovery of important documents of classical thought known as the Huang-Lao Boshu coupled with advancements in contemporary jurisprudence make possible a reassessment of the philosophies of pre-Qin and early Han China. This study attempts to elucidate the importance of the Huang-Lao school within the intellectual tradition of China through a comparison of the Boshu's philosophical position, particularly its understanding of the relation between law and morality, with the respective views of major thinkers of the period--Confucius, Han Fei, (...) Lao Zi, Zhuang Zi, and to a lesser extent, Shen Dao, Shen Buhai and the authors of the Guan Zi and He Guan Zi. So doing reveals Huang-Lao to be a unique and sophisticated social and political philosophy which, until its expulsion from court by Emperor Wu and subsequent adoption by Daoist religion, served as the ideological foundation for the post-Qin reforms of the early Han. (shrink)

To whom do sperm and ova belong? Few tissues are produced by the human body with more waste than the germ cells. Yet dominion over the germ cells, and over the early embryo that results from their union in vitro, is behind much of the emotion that modern reproductive intervention can engender. The germ cells differ from other human tissues that can be donated or transplanted because they carry readily utilizable genetic information. Eventual expression of the germ cells' genetic potential (...) is the legitimate concern and responsibility of their donors, although in the right circumstances the responsibility can by agreement be entrusted to institutions administering gamete or embryo donor programmes; these institutions, in turn, may need to assume responsibility for decisions if, in the case of embryo storage, the wishes of the two donors conflict. The fact of sperm and ovum ownership (and the genetic potential that goes with it) before individuals part with these tissues is beyond dispute. Some contentious issues may be clarified if this area of human dominion, namely control over genetic expression among offspring, is acknowledged to be the legitimate persisting concern of those who have produced sperm and ova after storage commences. (shrink)

Error is protean, ubiquitous and crucial in scientific process. In this paper it is argued that understanding scientific process requires what is currently absent: an adaptable, context-sensitive functional role for error in science that naturally harnesses error identification and avoidance to positive, success-driven, science. This paper develops a new account of scientific process of this sort, error and success driving Self-Directed Anticipative Learning (SDAL) cycling, using a recent re-analysis of ape-language research as test example. The example shows the limitations of (...) other accounts of error, in particular Mayo’s (Error and the growth of experimental knowledge, 1996) error-statistical approach, and SDAL cycling shows how they can be fruitfully contextualised. (shrink)

Este artigo recorda os principais aspectos e motivações da Expedição Langsdorff, missão de reconhecimento do interior do Brasil iniciada em 1821, composta pelo cônsul russo barão Langsdorff, o pintor alemão Moritz Rugendas, Aimé-Adrien Taunay, Nicolas-Antoine Taunay, o polígrafo Hercules Florence e o especialista em mapas Néster G. Rubtsov. Busca diferenças entre esta expedição e iniciativas outras, a título de exemplo, as dos bandeirantes e jesuítas, bem como a expedição indigenista de Rondon, e propõe o aprofundamento das investiga­ções. Apresenta atributos resgatados (...) pela poesia brasileira contemporânea e elementos cons­titutivos da identidade cultural brasileira presentes na Expedição Langsdorff, os quais os auto­res sugerem ser relevantes para pesquisadores do tema e para a inserção do Brasil no contexto internacional político, diplomático e econômico nos tempos hodiernos. (shrink)

Understanding of organizational ethics phenomena requires complex understanding of organizational practices in their real world contexts. We can try to understand and build theory about these complex real world practices from the points of view of: a traditional deductive, ethics literature-based, literature gap formulation approach; or, an inductive, practitioner-based literature gap formulation approach. This consideration of inductive, practitioner-based versus deductive, literature-based literature gap formulation is related to the discussion concerning “engaged scholarship” and relationships and gaps between theory and practice in (...) organization studies [Van De Ven, 2007, Engaged Scholarship: A Guide for Organizational and Research Knowledge ]. However, there is an important difference with respect to the key issue of ethics literature versus practitioner-based literature gap formulation. This article offers examples of the two different approaches and makes comparisons between them. Implications for practice-based organizational ethics theory building, Ph.D. education, and public intellectual work are considered. (shrink)