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 paper explores the historical American political values which have shaped modern financial theory and agency theory. Financial agency theory's intellectual roots are shown to be located in the liberal tradition which espouses the instrumental nature of property and property rights. The paper also argues that financial theorists should recognize that, historically, economic efficiency was not a value or end in itself but merely a means by which more fundamental social goals might be achieved.

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)

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)

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)

I think that Alzheimer's disease and all neurological disabilities of this kind, degenerative conditions, are of the most intense intellectual interest and importance … because these people are taking us to places we would rather not think about and what these people have to say—to the degree that they can say anything at all—should teach us something about what a person is, what human identity is.What could it mean in general to say that possible ways to be a person can (...) from time to time come into being or disappear?What can we learn about the experience of dementia and about ways of being human when a poet describes her forgetting? My mother, the poet Shirley Kaufman, died in 2016 at the age of 93. She had... (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)

An explosion in the varieties of life-extending interventions for older persons is changing the face of many medical specialties in the United States, altering the nature of end-stage disease, and reshaping societal expectations about normal old age, longevity, and the time for death. There is no doubt that the rapid growth of the over-85 age group and better health in late life for many people in the United States are redefining “old.” Robert Butler, founding director of the National Institute on (...) Aging, has stated that “80 is the new 60,” adding to other popular remarks that signify a changed understanding of life course expectations, especially for those who can access all that medicine has to offer. Overall .. (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)

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)

Having distinguished herself as a translator of Sartre and after excursions of her own into existentialist ethics and literary theory, it is not surprising that Professor Barnes was chosen by editor Walter Kaufman to write this popular survey for his series of portraits, devoted to "figures who have changed the world we live in." Most of her study is devoted to Sartre’s philosophic, literary, and political activity after 1940 when she dates his politicization. Her basic thesis throughout is that (...) what Sartre offers us is a unified and total view and that there is merely a "shift of emphasis" between Being and Nothingness and the Critique of Dialectical Reason. Central to this unified view is Sartre’s abiding faith in man’s radical freedom, i.e., his conviction that man can remake his past, whatever may have been made of it by others or himself. She feels that the "philosophy of revolution" enunciated in his essay "Materialism and Revolution" represents the nucleus of consistency in his career. Whatever change we observe in his thought centers on the moves from individualistic freedom to freedom within the group and from emphasis on consciousness and "choice of being" to "lived experience", a form of awareness which is much more opaque and self-restricting. Much of her thesis relies on the plausible claim that the interpersonal relations described in BN are predicated on the assumption of general bad faith. But they, like the scarcity discussed in the Critique, are largely superable limitations and are in fact overcome, if only temporarily, in the group-in-fusion. (shrink)

Despite the importance of knowing the cognitive capabilities of children with neurodevelopmental conditions, less than one-third of children with cerebral palsy participate in standardized assessments. Globally, approximately 50% of people with cerebral palsy have an intellectual disability and there is significant risk for domain-specific cognitive impairments for the majority of people with cerebral palsy. However, standardized cognitive assessment tools are not accessible to many children with cerebral palsy, as they require manual manipulation of objects, verbal response and/or speeded response. As (...) such, standardised assessment may result in an underestimation of abilities for children with significant motor and/or speech impairment. The overall aim of the project is to examine and compare the psychometric properties of standardised cognitive assessment tools that have been accommodated for use with either a switch device or eye-gaze control technologies, with the specific aims to: Examine the psychometric properties of accommodated assessment tools by comparing the performance of typically developing children on six cognitive assessment tools administered via standardised versus accommodated administration; Describe and compare the performance and user experience of children with cerebral palsy on six accommodated cognitive assessments administered via switch or eye-gaze control technologies. Secondary aims are to: Describe the completion rates and time to complete assessments of participants in each group; Within the group with cerebral palsy, examine the effects of condition-specific characteristics and demographics on participation. This protocol paper describes a two-phase validation and acceptability study that utilizes a mixed-model design. This study will collect concurrent data from 80 typically developing children and 40 children with cerebral palsy, who use switch or eye-gaze control technology as alternate access communication methods. The set of instruments will measure receptive vocabulary, fluid reasoning, sustained attention, vision perception, visuospatial working memory and executive functions. Data analyses will be conducted using SPSS v. 25 and R v 4.1.0. SPSS Sample Power 3 was used for power computation and allows for a 10% drop out rate. Quantitative descriptive statistics, measurement agreement data plotting, bivariate and multiple regressions analysis will be conducted using appropriate methods. (shrink)