Two attitudes are possible: one, that the world is an absolute jungle and that the exercise of coercive power by rulers is only a manifestation of this; and the other, that it is both necessary and right that there should be this exercise of power, that through it the world is much less of a jungle than it could possibly be without it, so that one should in principle be glad of the existence of such power, and only take exception (...) to its unjust exercise. (shrink)

In his Reasons and Persons, Derek Parfit argues from the possibility of cases of fission and/or fusion of persons that one must reject identity as what matters for personal survival. Instead Parfit concludes that what matters is “psychological connectedness and/or continuity with the right kind of cause,” or what he calls an R-relation. In this paper, I argue that, if one accepts Parfit’s conclusion, one must accept that R-relations are what matter for moral responsibility as well. Unfortunately, it seems that (...) accepting that the R-relation is what matters for both survival and moral responsibility leads to a contradiction. My goal, however, is not merely to point out a problem in Parfit’s account. Instead, I believe that once we understand the basic intuitions which lead to this contradiction, it is clear that there is no fully satisfactory way to account for what matters with respect to survival and moral responsibility. (shrink)

Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher sentences, and (...) it imposes lower costs on whites for murdering minorities by dispensing weaker sentences. These cost differentials constitute an injustice not simply to actual minority defendants in capital cases, nor simply to the actual minority victims of murder, but to all members of minority communities. I here offer two arguments for a moratorium on capital punishment: The first draws upon evidence of racial discrimination against minority defendants in capital cases, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy equal status under the law. The second draws upon the evidence regarding racial discrimination in relation to the race of victims, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy the equal protection of the law. Thus, by not assigning equal costs to murder, the American criminal justice system fails to provide racial minorities the equality under the law and discounts the value of their lives and liberties. A moratorium is the least unjust response to such a social injustice. I also reply to the criticism that a moratorium prevents us from executing deserving murderers. (shrink)

This article analyzes news coverage of mass murders in Time and Newsweek for the period 1984 to 1991 for evidence of disproportionate, perhaps politically motivated coverage of certain categories of mass murder. Discusses ethical problems related to news and entertainment attention to mass murder, and suggests methods of enhancing the public's understanding of the nature of murder.

Those who commit crime on a grand scale, numbering their victims in the thousands, seem to pose a special problem both for consequentialist and for non-consequentialist theories of punishment, a problem the International Criminal Court makes practical. This paper argues that at least one non-consequentialist theory of punishment, the fairness theory, can provide a justification of punishment for great crimes. It does so by dividing the question into two parts, the one of proportion which it answers directly, and the other (...) of ‘anchoring points’ which it assigns to a broader theory of enforcement (which may have a non-consequentialist or consequentialist version). (shrink)

The first robot homicide was committed in 1981, according to my files. I have a yellowed clipping dated 12/9/81 from the Philadelphia Inquirer--not the National Enquirer--with the headline: Robot killed repairman, Japan reports The story was an anti-climax: at the Kawasaki Heavy Industries plant in Akashi, a malfunctioning robotic arm pushed a repairman against a gearwheel-milling machine, crushing him to death. The repairman had failed to follow proper instructions for shutting down the arm before entering the workspace. Why, indeed, had (...) this industrial accident in Japan been reported in a Philadelphia newspaper? Every day somewhere in the world a human worker is killed by one machine or another. The difference, of course, was that in the public imagination at least, this was no ordinary machine; this was a robot, a machine that might have a mind, might have evil intentions, might be capable not just of homicide but of murder. (shrink)

Using a U.S. and a Canadian example, in this article we argue that news reports of murder, especially of the heavily covered signal crimes that become part of community storytelling, often employ predetermined formulas that probe intrusively into the lives of those involved in the murder but ultimately come away with only cheaply sketched, stick-figure portraits. The thesis is that crime coverage that is formulaic tends to produce cynicism and a distance between the reader and those involved in the crime. (...) However, a deeper and more caring probe into the causes and consequences of crime could lead the community to wider conversations about responsibility, social justice, and reconciliation. What is required to expand the reporting of murder stories is more of the ethic of care that can serve to both deepen the public's understanding of the individual crime and widen the community's dialogue about its significance. (shrink)

Diverse lines of evidence point to a basic human aversion to physically harming others. First, we demonstrate that unwillingness to endorse harm in a moral dilemma is predicted by individual differences in aversive reactivity, as indexed by peripheral vasoconstriction. Next, we tested the specific factors that elicit the aversive response to harm. Participants performed actions such as discharging a fake gun into the face of the experimenter, fully informed that the actions were pretend and harmless. These simulated harmful actions increased (...) peripheral vasoconstriction significantly more than did witnessing pretend harmful actions or to performing metabolically-matched non-harmful actions. This suggests that the aversion to harmful actions extends beyond empathic concern for victim harm. Together, these studies demonstrate a link between the body and moral decision making processes. (shrink)

In recent years, historians David S. Wyman and Deborah E. Lipstadt have contended in carefully documented books that the U.S. media provided inadequate coverage of Holocaust developments. Thus, these historians contend, American media helped create public apathy, which led to inadequate responses of the Roosevelt administration to requests for aid to Holocaust victims. Wyman believes ?several hundred thousand?; Jews might have been saved from gas chambers if the United States had insisted on determined Allied rescue action earlier than belated efforts (...) of the War Refugee Board, established in 1944. This paper examines U.S. media responses to Holocaust news and the reasons for those responses. It contends the objectivity ethic and violations of other ethical standards by U.S. media may have contributed to the magnitude of the Holocaust tragedy. (shrink)

Human interaction and communication involve space in multiple ways. This paper examines the spatial and interactional order of a covertly video-taped police interrogation. When the participants enter the interrogation room and become engaged in the interrogation process, the room itself is a constraint and a resource for interaction. While interacting within a built environment, the participants appropriate their material surroundings in ways that constitute a spatial order and make possible certain arguments. This paper examines how the physical structure of the (...) interrogation room is differentially appropriated, used, and filled in by the participants''; territorial and postural manoeuvers over the course of their interaction; and how the spatial structures thus created by the bodily appropriation of the physical locale are subsequently formulated by talk and thereby used as a metaphorical resource to frame the participants'' situated experience. Through this embedded process, the interrogators move the suspect toward confession. (shrink)

In a recent Mind & Society article, Evans (2005) argues for the social and communicative function of conditional statements. In a related article, we argue for satisficing algorithms for mapping conditional statements onto social domains (Eur J Cogn Psychol 16:807–823,2004). The purpose of the present commentary is to integrate these two arguments by proposing a revised pragmatic cues algorithm for pragmatic conditionals.

This edition faithfully reprints the full text of the classic translation by W.K. Marriott with the translator's introduction.

Traditional Consequentialism is based on a demanding principle of impartial maximization. Michael Slote's 'Satisficing Consequentialism' aims to reduce the demands of Consequentialism, by no longer requiring us to bring about the best possible outcome. This paper presents a new objection to Satisficing Consequentialism. We begin with a simple thought experiment, in which an agent must choose whether to save the lives of ten innocent people by using a sand bag or by killing an innocent person. The main aim of the (...) paper is to demonstrate that, if it is to avoid making unreasonable demands, Satisficing Consequentialism must allow such an agent to kill. It is argued that this result is much more counter-intuitive than the fact that Maximizing Consequentialism permits agents to kill in order to produce the best consequences. The conclusion is that Satisficing Consequentialism is not an acceptable moral theory. (shrink)

Hugo Adam Bedau, Death is Different: Studies in the Morality, Law, and Politics of Capital Punishment Boston: Northeastern University Press, 1987; xii, 307pp.

In this Article I will challenge the tendency to discount the severity of domestic homicide, a phenomenon I call "the domestic discount." I will argue against automatic mitigation-the imputation of provocation or diminished capacity-simply or merely because the relationship" between victim and defendant is domestic or sexually intimate. I will argue that the traditional hot blood/cold blood dichotomy is an imperfect guide to the moral grading of homicide offenses. In particular, reliance on it has led to the under evaluation of (...) the seriousness of some domestic homicides. It is my contention, or hypothesis, that the conclusions I draw from the study of capital domestic cases can be generalized to the entire domain of domestic homicides: If homicide laws were purged of patriarchal values, the remaining principles that underlie our grading of homicide offenses would be consistent with the rejection of a domestic discount; the worst domestic murders like the worst predatory murders would rank among the most reprehensible crimes. (shrink)

In this article I criticize the recommendations of some prominent statisticians about how to estimate and compare probabilities of the repeated sudden infant death and repeated murder. The issue has drawn considerable public attention in connection with several recent court cases in the UK. I try to show that when the three components of the Bayesian inference are carefully analyzed in this context, the advice of the statisticians turns out to be problematic in each of the steps.

I argue that people who believe fetuses have the same moral right to life as the rest of us have sufficient reasons to refuse to classify abortion as legal murder and to refuse to punish abortion as severely as legal murder.

The Law Commission for England and Wales has published for consultation a proposal for an offence of first degree murder. A person found guilty of this offence whether as a principal or an accomplice will receive a mandatory sentence of life imprisonment. It is argued that the conditions for liability as an accomplice put forward by the Commission do not fulfil the Commission's aspiration for a "parity of culpability" between principals and accomplices. The discussion has general implications for the reform (...) of complicity laws. (shrink)

Machiavelli's much advertised science of politics turns out, in the long run, to falter. Machiavelli's various stratagems for controlling political outcomes are workable a small percentage of the time at best. Unpredictability works continually against the theory of practical action. A large part of Machiavelli's adaptation to this deficiency is to turn at many crucial moments, to the unambiguous and startling clarity of murder as a political instrument. It is this central position of murder that helps to account for worrying (...) guiltiness that sticks to The Prince despite many years of efforts to soften the book's message. In the final analysis, one might even suggest that a kind of erotic fascination lurks within the book's texture of murder. (shrink)

In a rational system defences should interlock with the elements of the offence to ensure that conviction labels are differentiated according to the defendant’s degree of wrongdoing and culpability. The overall grading structure of criminal homicide, as represented in contemporary doctrine, goes some way to reflect this ethic. But the substance lacks precision and, in some key details, moral coherence. The recent Law Commission Consultation Paper, in a pragmatic and sensible attempt to rid the law and procedure of murder of (...) the malign influence of the mandatory sentence, has unnecessarily compromised such structural coherence as it currently enjoys and which could properly form a satisfactory basis for reform already precise and morally coherent. This is evident both in relation to the abandonment of the attack based template for the fault element in murder, and also in the unwillingness to view the partial defences as affecting the wrong in homicide as opposed to the grade. (shrink)