Aspects of Law and Legal Systems -- Courts and Legal Reasoning -- Making, Justifying, and Evaluating Law -- Law and Individual Obligation -- Private Law -- Criminal Law -- Sentencing and punishment-- Statutes -- Constitutions -- International Law.

Retributive restrictions are principles of justice according to which what a criminal deserves on account of his individual conduct and character restricts how states are morally permitted to treat him. The main arguments offered in defense of retributive restrictions involve thought experiments in which the state punishes the innocent, a practice known as telishment. In order to derive retributive restrictions from the wrongness of telishment, one must engage in moral argument from generalization. I show how generalization arguments of the same (...) form can be used subversively to derive morally unacceptable conclusions from other scenarios in which the state intentionally inflicts undeserved coercion. For example, our considered moral convictions approve of punishment policies that inflict collateral damage, such as the ubiquitous policy of excluding the family members of inmates from prison facilities outside visiting hours. I present a generalization argument for the conclusion that these policies are seriously unjust. If we firmly believe that these policies are not unjust, then we should put less stock in generalization arguments. We should not use them to support retributive restrictions. This conclusion has broad implications for the theory and practice of criminal justice. (shrink)

In response to the charge that deontic ("argent-centered") restrictions are paradoxical, several recent writers suggest that such restrictions find support within T.M. Scanlon's contractualism. I suggest that this claim is only interesting if these restrictions are stronger than those supported by indirect consequentialism. I argue that contractualism cannot support restrictions any stronger than those supported by indirect consequentialism. The contractualists have mislocated the source of the paradox, which arises under any theory that defines right action in patient-focused terms. Consequentialism and (...) contractualism share this feature, so contractualism cannot support stronger deontic restrictions than consequentialism supports. (shrink)

: Biomedical ethicists often assume that common morality constitutes a largely consistent normative system. This premise is not taken for granted in general normative ethics. This paper entertains the possibility of inconsistency within common morality and explores methodological implications. Assuming common morality to be inconsistent casts new light on the debate between principlists and descriptivists. One can view the two approaches as complementary attempts to evade or transcend that inconsistency. If common morality proves to be inconsistent, then principlists might have (...) reason to prefer a less pluralistic theory, thereby moving closer to descriptivism. Descriptivists, by contrast, might want to qualify their claim to accommodate all of people's basic moral convictions. Finally, both camps might wish to adopt a more revisionist posture, accepting that an adequate ethical theory occasionally will contradict some of people's deepest moral convictions. Proper application of the method of reflective equilibrium, to which both descriptivists and principlists claim allegiance, may entail greater openness to revisionism than either camp admits. (shrink)

Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.

Legal theorists in this century have often perceived a need for a theory capable of occupying a stable middle ground between natural law theory and nineteenth-century legal positivism. The prolific German-American legal philosopher, Hans Kelsen, was perhaps not the first to feel the need for such a theory, but he was certainly among the first to attempt to construct one. n1 Although Kelsen's own efforts failed, in many ways they defined the ambitions of twentieth-century legal theory and inspired others to (...) take up the challenge. In order to understand the nature of the challenge, which confronts us still today, it is helpful to examine central difficulties with Kelsen's own Pure Theory of Law. (shrink)

Principle monists believe that our moral duties, such as fidelity and non-maleficence, can be justified in terms of one basic moral principle. Principle pluralists disagree, some suggesting that only an excessive taste for simplicity or a desire to mimic natural science could lead one to endorse monism. In Ideal Code, Real World (Oxford, 2000), Brad Hooker defends a monist theory, employing the method of reflective equilibrium to unify the moral duties under a version of rule consequentialism. Hooker's arguments have drawn (...) powerful criticisms from pluralists such as Alan Thomas, Phillip Montague and Philip Stratton-Lake. Against these critics, I argue that Hooker's monism enjoys certain practical advantages associated with the simplicity of a single basic principle. These advantages are often overlooked because they appear primarily in cases of second-order deliberation, in which one must decide whether our basic moral duties support a certain derivative duty. I argue that these advantages of monism over pluralism are analogous to the advantages that generalists claim over moral particularism. Because pluralists are generalists, I conclude that they are in an awkward dialectical position to dismiss Hooker's monism for the reasons they usually offer. (shrink)

This best-selling anthology of readings with case studies provides insightful and comprehensive treatment of ethical issues in medicine. Appropriate for courses taught in philosophy departments, bioethics programs, as well as schools of medicine and nursing, the collection covers such provocative topics as biomedical enhancement, clinical trials in developing countries, animal research, physician-assisted suicide, and health care reform. The text's effective pedagogical features include chapter introductions, argument sketches, explanations of medical terms, headnotes, and annotated bibliographies.

Repeat offenders receive longer sentences than first offenders in virtually every modern jurisdiction. Such prior-record enhancements are politically popular. Scholars are more divided, especially regarding severe enhancements. Retributivists have long disagreed about which enhancements, if any, are morally justifiable and on what basis. This article advances the debate, offering lessons for retributivists on all sides. I address an intuitive argument that justifies enhancements in terms of character. This argument has been caricatured and dismissed, with defenders of enhancements preferring character-independent arguments. (...) I reconstruct an argument for enhancements that assumes recidivism constitutes evidence of culpability-aggravating character traits. The argument seems at least coherent, inferentially valid, and intuitively plausible. I then raise what I see as the real threats to the argument, which are neither conceptual nor normative, but empirical. I identify some formal features that the character argument requires of culpability-aggravating traits. To support enhancements, such traits must also correlate properly with criminal records. One place to look for characterizations of such traits, and evidence of correlation, is criminology, in theories of criminogenesis and criminality. I conclude that character arguments for prior-record enhancements cannot be dismissed, although their thorough evaluation awaits answers to complex empirical questions. (shrink)

Physician religion/spirituality has the potential to influence the communication between physicians and parents of children at the end of life. In order to explore this relationship, the authors conducted two rounds of narrative interviews to examine pediatric physicians’ perspectives (N=17) of how their religious/spiritual beliefs affect end–of–life communication and care. Grounded theory informed the design and analysis of the study. As a proxy for religiosity/spirituality, physicians were classified into the following groups based on the extent to which religious/spiritual language was (...) infused into their responses: Religiously Rich Responders (RRR), Moderately Religious Responders (MRR), and Low Religious Responders (LRR). Twelve of the 17 participants (71%) were classified into the RRR or MRR groups. The majority of participants suggested that religion/spirituality played a role in their practice of medicine and communication with parents in a myriad of ways and to varying degrees. Participants used their religious/spiritual beliefs to support families’ spirituality, uphold hope, participate in prayer, and alleviate their own emotional distress emerging from their patients’ deaths. (shrink)

Four arguments are examined in order to assess the state of the Intelligent Design debate. First, critics continually cite the fact that ID proponents have religious motivations. When used as criticism of ID arguments, this is an obvious ad hominem. Nonetheless, philosophers and scientists alike continue to wield such arguments for their rhetorical value. Second, in his expert testimony in the Dover trial, philosopher Robert Pennock used repudiated claims in order to brand ID as a kind of pseudoscience. His (...) arguments hinge on the nature of methodological naturalism as a metatheoretic shaping principle. We examine the use of such principles in science and the history of science. Special attention is given to the demarcation problem. Third, the scientific merits of ID are examined. Critics rightly demand more than promissory notes for ID to move beyond the fringe. Fourth, although methodological naturalism gets a lot of attention, there is another shaping principle to contend with, namely, conservatism. Science, like most disciplines, tends to change in an incremental rather than revolutionary manner. When ID is compared to other non- or quasi-Darwinian proposals, it appears to be a more radical solution than is needed in the face of the anomalies. (shrink)

In this essay, the philosophies of John Dewey and Martin Heidegger are compared specifically on the topic of the productionist metaphysics. In this comparison, the readings of Larry Hickman and Michael E. Zimmerman are utilized to highlight the noted philosophers’ views. In Hickman’s reading of Dewey, production is the key virtue of the entire pragmatic theory and the evolution of humanity through the improvement of technique and productivity the focus of human life.Hickman’s reading of Dewey, deemed the “technological” reading of (...) Dewey, provides proof of support of the productionist metaphysics view of the West that Heidegger deemed as the root of the “darkening” of the world. To illustrate the historical calamity that Heidegger deemed directly connected to this brand of metaphysics, which he believed began with the ancient Greeks and since has expanded to all areas of human life, the reading of Zimmerman is applied. (shrink)

In this essay, the philosophies of John Dewey and Martin Heidegger are compared specifically on the topic of the productionist metaphysics. In this comparison, the readings of Larry Hickman and Michael E. Zimmerman are utilized to highlight the noted philosophers’ views. In Hickman’s reading of Dewey, production is the key virtue of the entire pragmatic theory and the evolution of humanity through the improvement of technique and productivity the focus of human life.Hickman’s reading of Dewey, deemed the “technological” reading of (...) Dewey, provides proof of support of the productionist metaphysics view of the West that Heidegger deemed as the root of the “darkening” of the world. To illustrate the historical calamity that Heidegger deemed directly connected to this brand of metaphysics, which he believed began with the ancient Greeks and since has expanded to all areas of human life, the reading of Zimmerman is applied. (shrink)

In this essay, the philosophies of John Dewey and Martin Heidegger are compared specifically on the topic of the productionist metaphysics. In this comparison, the readings of Larry Hickman and Michael E. Zimmerman are utilized to highlight the noted philosophers’ views. In Hickman’s reading of Dewey, production is the key virtue of the entire pragmatic theory and the evolution of humanity through the improvement of technique and productivity the focus of human life.Hickman’s reading of Dewey, deemed the “technological” reading of (...) Dewey, provides proof of support of the productionist metaphysics view of the West that Heidegger deemed as the root of the “darkening” of the world. To illustrate the historical calamity that Heidegger deemed directly connected to this brand of metaphysics, which he believed began with the ancient Greeks and since has expanded to all areas of human life, the reading of Zimmerman is applied. (shrink)

Under the general tutelage of Kant, Charles Sanders Peirce (1839–1914) introduced American pragmatism to yet another philosophical dialectic: between a neglected transcendental instinct and earthly authorities. The dialectic became Peirce’s response to various evolutionary schemes in the 19th century. Guided by the recollected voices of Socrates, Jesus, St. John, Anselm, and Kant, as well as his own brand of pragmatism, Peirce eventually developed a “Neglected Argument for the Reality of God” a century ago, in 1908. Here, Peirce endorsed a (...) more adventurous god than ecclesiastical or theological authorities could imagine, a god of love (agapism) and chance (tychism), but still rife with fallibility. (shrink)

ABSTRACT:This essay argues for the importance of formalizing public engagement efforts around bioethics as something we might call "bioethics communication," and it outlines the Johns Hopkins Berman Institute of Bioethics' plans for engaging in this effort. Because science is complex and difficult to explain to nonexperts, the field of science communication has arisen to meet this need. The field involves both a practice and a subject of empirical research. Like science, bioethics is also complex and difficult to explain, which is (...) why the world needs bioethics communication. The authors are engaged in a brand-new effort to establish the sort of public bioethics efforts that would constitute bioethics communication, through a program which they call the Dracopoulos-Bloomberg iDeas Lab. The authors invite colleagues to experiment and learn with them as they invest in the development of bioethics communicators and their products. (shrink)

Scanlonian contractualism rejects the consequentialist assumptions about morality, value, and rationality in virtue of which deontological constraints appear paradoxical. And yet, Jeffrey Brand-Ballard and Robert Shaver have claimed that it cannot succeed in defending the said restrictions. That is because they see Scanlon’s tie-breaking argument as threatening to justify aggregation in paradox of deontology cases. I argue that this claim rests upon a failure to appreciate contractualism’s relational character. Once we take this feature of the view into (...) account, it becomes clear that the tie-breaking argument is ruled out in cases where the only way for us to prevent several killings would be to commit one ourselves. To show this, I provide a contractualist explanation of why our duty not to harm persons is stricter than our duty to help them when they are threatened with harm. I conclude by distinguishing two ways in which this defense of deontological restrictions might bring contractualism objectionably close to absolutism. (shrink)

The cerebral cortex is a rich and diverse structure that is the basis of intelligent behavior. One of the deepest mysteries of the function of cortex is that neural processing times are only about one hundred times as fast as the fastest response times for complex behavior. At the very least, this would seem to indicate that the cortex does massive amounts of parallel computation.This paper explores the hypothesis that an important part of the cortex can be modeled as a (...) connectionist computer that is especially suited for parallel problem solving. The connectionist computer uses a special representation, termed value unit encoding, that represents small subsets of parameters in a way that allows parallel access to many different parameter values. This computer can be thought of as computing hierarchies of sensorimotor invariants. The neural substrate can be interpreted as a commitment to data structures and algorithms that compute invariants fast enough to explain the behavioral response times. A detailed consideration of this model has several implications for the underlying anatomy and physiology. (shrink)

Jeffrey E. Brower presents and explains the hylomorphic conception of the material world developed by Thomas Aquinas, according to which material objects are composed of both matter and form. In addition to presenting and explaining Aquinas's views, Brower seeks wherever possible to bring them into dialogue with the best recent literature on related topics. Along the way, he highlights the contribution that Aquinas's views make to a host of contemporary metaphysical debates, including the nature of change, composition, material constitution, (...) the ontology of stuff vs. things, the proper analysis of ordinary objects, the truthmakers for essential vs. accidental predication, and the metaphysics of property possession. (shrink)

Would God's existence be a good thing for us? According to anti-theism, the answer is No. Probably, many theists will want to reject anti-theism. But it isn’t obvious why. After all, whether p is good for us is logically independent from whether p is true. So anti-theism seems entirely compatible with theism. In this essay, however, I argue this seeming compatibility is mistaken. If anti-theism is true, then the theism of most practicing believers is false. And if I am right (...) about this, then anti-theism presents a serious challenge to traditional theistic belief, notably theistic belief anchored in the Bible. (shrink)

Closest-possible-world analyses of counterfactuals suffer from what has been called the ‘problem of counterpossibles’: some counterfactuals with metaphysically impossible antecedents seem plainly false, but the proposed analyses imply that they are all (vacuously) true. One alleged solution to this problem is the addition of impossible worlds. In this paper, I argue that the closest possible or impossible world analyses that have recently been suggested suffer from the ‘new problem of counterpossibles’: the proposed analyses imply that some plainly true counterpossibles (viz., (...) ‘counterlogicals’) are false. After motivating and presenting the ‘new problem’, I give reasons to think that the most plausible objection to my argument is not compelling. (shrink)

This is annotated bibliography of the field of business ethics. It identifies and summarizes useful journals, textbooks, anthologies, and articles.

Much of the progress in the fields constituting cognitive science has been based upon the use of explicit information processing models, almost exclusively patterned after conventional serial computers. An extension of these ideas to massively parallel, connectionist models appears to offer a number of advantages. After a preliminary discussion, this paper introduces a general connectionist model and considers how it might be used in cognitive science. Among the issues addressed are: stability and noise‐sensitivity, distributed decision‐making, time and sequence problems, and (...) the representation of complex concepts. (shrink)

What can we know about God by reason alone? Philosophical theology is the attempt to obtain such knowledge. An ancient tradition, which is perhaps more influential now than ever, tries to derive the attributes of God from the principle that God is the greatest possible being. Jeff Speaks argues that that constructive project is a failure. He also argues that the related view that the concept of God is the concept of a greatest possible being is a mistake. In the (...) last chapter, he sketches an alternative path forward. (shrink)

This Element has two aims. The first is to discuss arguments philosophers have made about the difference God's existence might make to questions of general interest in metaethics. The second is to argue that it is a mistake to think we can get very far in answering these questions by assuming a thin conception of God, and to suggest that exploring the implications of thick theisms for metaethics would be more fruitful.

This article suggests an iconic turn in cultural sociology. Icons can be seen, it is argued, as symbolic condensations that root social meanings in material form, allowing the abstractions of cognition and morality to be subsumed, to be made invisible, by aesthetic shape. Meaning is made iconically visible, in other words, by the beautiful, sublime, ugly, or simply by the mundane materiality of everyday life. But it is via the senses that iconic power is made. This new approach to meaning (...) is compared with others — with materialism, semiotics, aestheticism, moralism, realism, and spiritualism. (shrink)

Preface : plant theory? -- The first birth of biopower : from plant to animal life in Foucault -- Thinking plants, with Aristotle and Heidegger -- Animal and plant, life and world in Derrida, or, The plant and the sovereign -- From the world to the territory : vegetable life in Deleuze and Guattari, or, What is a rhizome? -- Coda : what difference does it make?

The cerebral cortex is a rich and diverse structure that is the basis of intelligent behavior. One of the deepest mysteries of the function of cortex is that neural processing times are only about one hundred times as fast as the fastest response times for complex behavior. At the very least, this would seem to indicate that the cortex does massive amounts of parallel computation.This paper explores the hypothesis that an important part of the cortex can be modeled as a (...) connectionist computer that is especially suited for parallel problem solving. The connectionist computer uses a special representation, termed value unit encoding, that represents small subsets of parameters in a way that allows parallel access to many different parameter values. This computer can be thought of as computing hierarchies of sensorimotor invariants. The neural substrate can be interpreted as a commitment to data structures and algorithms that compute invariants fast enough to explain the behavioral response times. A detailed consideration of this model has several implications for the underlying anatomy and physiology. (shrink)

Jeffrey Bloechl traces the evolution of Levinas's thought to argue that his conception of God is dependent on his existential phenomenology.

Recently in this journal, Jessica Morley and colleagues (AI & SOC 2023 38:411–423) review AI ethics and education, suggesting that a cultural shift is necessary in order to prepare students for their responsibilities in developing technology infrastructure that should shape ways of life for many generations. Current AI ethics guidelines are abstract and difficult to implement as practical moral concerns proliferate. They call for improvements in ethics course design, focusing on real-world cases and perspective-taking tools to immerse students in challenging (...) situations with relatable personal, social and environmental implications. The present paper considers the ACTWith model of moral cognition for use in such training contexts. Morley and colleagues' paper and contemporary literature are reviewed. Whistleblowing as a source for relatable case studies is discussed, and the purpose of ethics education considered. The ACTWith model is introduced, and correlations with contemporaries noted. The ACTWith model has been successfully employed in a broad range of technology ethics courses in the Netherlands and South Korea. Illustrations are offered. Correlations with contemporary efforts are drawn in the context of software engineering. Summary discussion considers strengths and limitations of the ACTWith program. Overall, the paper emphasizes training high-level moral reasoning through guided inquiry education informing lifetime professional practice, and indicates an outstanding need for teachers able to do the job. (shrink)

Justice requires giving people what they deserve. Or so many philosophers – and according to many of those philosophers, everyone else – thought for centuries. In the 1970’s and 1980’s, however, perhaps under the influence of Rawls’s (1971) desert-less theory, desert was largely cast out of discussions of distributive justice. Now it is making a comeback. In this chapter I consider recent research on the concept of desert, arguments for its requital, and connections between desert and other distributive ideals. I (...) suggest that desert-sensitive theories of distributive justice, though they face obstacles, have a promising future. (shrink)