Recent scientific advances have indicated that it may be technically feasible to sustain human embryos in vitro beyond 14 days. Research beyond this stage is currently restricted by a guideline known as the 14-day rule. Since the advances in embryo culturing there have been calls to extend the current limit. Much of the current debate concerning an extension has regarded the 14-day rule as a political compromise and has, therefore, focused on policy concerns rather than assessing the philosophical foundations of (...) the limit. While there are relevant political considerations, I maintain that the success of extension arguments will ultimately depend on the strength of the justifications supporting the current 14-day limit. I argue that the strongest and most prevalent justifications for the 14-day rule—an appeal to individuation and neural development—do not provide adequate support for the limit of 14 days. I instead suggest that an alternative justification based on sentience would constitute a more defensible basis for embryo protection and that a consideration of such grounds appears to support an amendment to the current limit, rather than the retention of it. While these conclusions do not establish conclusively that the current limit should be extended; they do suggest that an extension may be warranted and permissible. As such, this paper offers grounds on which a reassessment of the 14-day rule may be justified. (shrink)

Fitness is a central concept in evolutionary theory. Just as it is central to biological evolution, so, it seems, it should be central to cultural evolutionary theory. But importing the biological fitness concept to CET is no straightforward task—there are many features unique to cultural evolution that make this difficult. This has led some theorists to argue that there are fundamental problems with cultural fitness that render it hopelessly confused. In this essay, we defend the coherency of cultural fitness against (...) those who call it into doubt. (shrink)

We introduce here evoText, a new tool for automated analysis of the literature in the biological sciences. evoText contains a database of hundreds of thousands of journal articles and an array of analysis tools for generating quantitative data on the nature and history of life science, especially ecology and evolutionary biology. This article describes the features of evoText, presents a variety of examples of the kinds of analyses that evoText can run, and offers a brief tutorial describing how to use (...) it. (shrink)

There are three related criteria that a concept of fitness should be able to meet: it should render the principle of natural selection non-tautologous and it should be explanatory and predictive. I argue that for fitness to be able to fulfill these criteria, it cannot be a property that changes over the course of an individual's life. Rather, I introduce a fitness concept--Block Fitness--and argue that an individual's genes and environment fix its fitness in such a way that each individual's (...) fitness has a fixed value over its lifetime. (shrink)

In this essay I examine a well-known articulation of human nature skepticism, a paper by Hull. I then review a recent reply to Hull by Machery, which argues for an account of human nature that he claims is both useful and scientifically robust. I challenge Machery’s account and introduce an alternative account—the “life-history trait cluster” conception of human nature—that I hold is scientifically sound and makes sense of our intuitions about—and desiderata for—human nature.

Homology is a biological sameness relation that is purported to hold in the face of changes in form, composition, and function. In spite of the centrality and importance of homology, there is no consensus on how we should understand this concept. The two leading views of homology, the genealogical and developmental accounts, have significant shortcomings. We propose a new account, the hierarchical-dependency account of homology, which avoids these shortcomings. Furthermore, our account provides for continuity between special, general, and serial homology.

The validity and utility of the proximate-ultimate distinction in biology have recently been under debate. Opponents of the distinction argue that it rules out individual-level organismic processes from evolutionary explanations, thereby leading to an unfounded separation between organismic causation and evolutionary causation. Proponents of the proximate-ultimate distinction, on the other hand, argue that it serves an important epistemological role in forming different kinds of explanation-seeking questions in biology. In this paper we offer an interpretation the proximate-ultimate distinction not only as (...) a means of forming explanation-seeking questions, but also as a distinction that can help highlight the way in which individual-level organismic processes can be evolutionary causes. We do this by interpreting the distinction between proximate and ultimate causes as a distinction between structuring and triggering causes. (shrink)

The study of animal culture is a flourishing field, with culture being recorded in a wide range of taxa, including non-human primates, birds, cetaceans, and rodents. In spite of this research, however, the concept of culture itself remains elusive. There is no universally assented to concept of culture, and there is debate over the connection between culture and related concepts like tradition and social learning. Furthermore, it is not clear whether culture in humans and culture in non-human animals is really (...) the same thing, or merely loose analogues that go by the same name. The purpose of this paper is to explicate core desiderata for a concept of culture and then to construct a concept that meets these desiderata. The paper then applies this concept in both humans and non-human animals. (shrink)

One contentious debate in the philosophy of biology is that between the statisticalists and causalists. The former understand core evolutionary concepts like fitness and selection to be mere statistical summaries of underlying causal processes. In this view, evolutionary changes cannot be causally explained by selection or fitness. The causalist side, on the other hand, holds that populations can change in response to selection—one can cite fitness differences or driftability in causal explanations of evolutionary change. But, on the causalist side, it (...) is often not clear how, precisely, one should understand these causes. Thus, much more could be said about what sort of causes fitness and driftability are. In this paper, I borrow Dretske's distinction between structuring and triggering causes and I suggest that fitness and driftability are structuring causes of evolution. (shrink)

The new art of videogames -- What are videogames anyway? -- On definition -- Theories of gaming -- A definition of videogames -- Videogames and fiction -- From tennis for two to worlds of warcraft -- Imaginary worlds and works of fiction -- Fictional or virtual? -- Interactive fiction -- Stepping into fictional worlds -- Welcome to rapture -- Meet niko bellic -- Experiencing game worlds -- Acting in game worlds -- Games through fiction -- The nature of gaming -- (...) What are the rules of this game? -- Playing, cheating, fragging, and griefing -- Videogames and narrative -- The stories games tell -- Would you kindly put down that wrench? -- Reconciling games and narratives -- Emotion in videogaming -- How can we be moved by the fate of Niko Bellic? -- My fear of mutants -- The role of the emotions in gaming -- The morality of videogames -- The problem with crime simulators -- Are games bad for you? -- On being offensive -- Sticking up for videogames -- Videogames as art -- Are videogames art? -- A cluster theory of art -- The art in videogames -- New art from old bottles. (shrink)

In this paper, I argue (contra some recent philosophical work) that an objective distinction between natural selection and drift can be drawn. I draw this distinction by conceiving of drift, in the most fundamental sense, as an individual-level phenomenon. This goes against some other attempts to distinguish selection from drift, which have argued either that drift is a population-level process or that it is a population-level product. Instead of identifying drift with population-level features, the account introduced here can explain these (...) population-level features based on a property that I label driftability. Additionally, this account shows that biology’s “first law”—the Principle of Drift (Brandon, J Phil 102(7):319–335 2006)—is not a foundational law, but is a consequence of driftability. (shrink)

The usefulness of ‘realism’ in explaining Russia’s decision to invade Ukraine has become a keenly contested debate not only in International Relations but in wider public intellectual discourse since the onset of the war in February 2022. At the centre of this debate is the punditry of John J. Mearsheimer, a prominent offensive realist who is a Professor of International Relations at the University of Chicago. This article argues that although Mearsheimer is indeed a realist, his offensive realism is but (...) one of many different realist theories that can forward an explanation of the Ukraine War. Beyond the apparent hegemony of structural realism (the branch of realism to which Mearsheimer’s offensive realism belongs), it is argued that classical and neoclassical realist frameworks can provide more nuanced and, ultimately, convincing arguments as to why Russian President Vladimir Putin decided to invade Ukraine. This is because both classical and neoclassical realism can incorporate insights from non-realist studies—such as the concepts of civilization and ontological security—and combine them into an overarching power politics framework. Although neither classical nor neoclassical realism is flawless in their explanations, they demonstrate that realism does not just have to be about international power structures but can offer multivariate accounts of why a state, like Russia, decided to act, such as invading Ukraine. (shrink)

Innovation is a key component of most definitions of culture and intelligence. Additionally, innovations may affect a species' ecology and evolution. Nonetheless, conceptual and empirical work on innovation has only recently begun. In particular, largely because the existing operational definition (first occurrence in a population) requires long-term studies of populations, there has been no systematic study of innovation in wild animals. To facilitate such study, we have produced a new definition of innovation: Innovation is the process that generates in an (...) individual a novel learned behavior that is not simply a consequence of social learning or environmental induction. Using this definition, we propose a new operational approach for distinguishing innovations in the field. The operational criteria employ information from the following sources: (1) the behavior's geographic and local prevalence and individual frequency; (2) properties of the behavior, such as the social role of the behavior, the context in which the behavior is exhibited, and its similarity to other behaviors; (3) changes in the occurrence of the behavior over time; and (4) knowledge of spontaneous or experimentally induced behavior in captivity. These criteria do not require long-term studies at a single site, but information from multiple populations of a species will generally be needed. These criteria are systematized into a dichotomous key that can be used to assess whether a behavior observed in the field is likely to be an innovation. (shrink)

In the United States today, much interpersonal racism is driven by corrupt forms of self-preservation. Drawing from Jean- Jacques Rousseau, I refer to this as self-love racism. The byproduct of socially-induced racial anxieties and perceived threats to one’s physical or social wellbeing, self-love racism is the protective attachment to the racialized dimensions of one’s social status, wealth, privilege, and/or identity. Examples include police officer related shootings of unarmed Black Americans, anti-immigrant sentiment, and the resurgence of unabashed white supremacy. This form (...) of racism is defined less by the introduction of racism into the world and more on the perpetuation of racially unjust socioeconomic and political structures. My theory, therefore, works at the intersection of the interpersonal and structural by offering an account of moral complacency in racist social structures. My goal is to reorient the directionality of philosophical work on racism by questioning the sense of innocence at the core of white ways-of-being. (shrink)

A major debate in the philosophy of biology centers on the question of how we should understand the causal structure of natural selection. This debate is polarized into the causal and statistical positions. The main arguments from the statistical side are that a causal construal of the theory of natural selection's central concept, fitness, either (i) leads to inaccurate predictions about population dynamics, or (ii) leads to an incoherent set of causal commitments. In this essay, I argue that neither the (...) predictive inaccuracy nor the incoherency arguments successfully undermine the causal account of fitness. 1 Introduction2 The Importance of Trait Fitness3 Trait Fitness is not a Silver Bullet4 The Fundamental Incoherency Argument5 Car Racing and Trait Fitness Reversals6 Population Subdivisions and Evolution7 The STP and the Argument for the Incoherency of the Causal Account of Fitness8 Conclusions. (shrink)

Biological fitness is a foundational concept in the theory of natural selection. Natural selection is often defined in terms of fitness differences as “any consistent difference in fitness (i.e., survival and reproduction) among phenotypically different biological entities” (Futuyma 1998, 349). And in Lewontin’s (1970) classic articulation of the theory of natural selection, he lists fitness differences as one of the necessary conditions for evolution by natural selection to occur. Despite this foundational position of fitness, there remains much debate over the (...) nature of fitness, especially whether fitness differences can truly be said to cause evolutionary change. In recent years these debates have crystalized into two camps: (1) causalists, who see fitness differences as being one of the causes of evolutionary change, and (2) statisticalists, who deny the causal efficacy of fitness and instead hold that “fitness is a mere statistical, noncausal property of trait types” (Walsh 2010, 148). (shrink)

This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later courts are (...) required to decide cases on the basis that the earlier decision was correctly decided. (shrink)

This chapter contains sections titled: On Definition Theories of Gaming A Definition of Videogames.

Culture in humans connotes tradition, norms, ritual, technology, and social learning, but also cultural events like operas or gallery openings. Culture is in part about what we do, but also sometimes about what we ought to do. Human culture is inextricably intertwined with language and much of what we learn and transmit to others comes through written or spoken language. Given the complexities of human culture, it might seem that we are the only species that exhibits culture. How, then, are (...) we to make sense of culture in animals? The study of animal culture is a booming research area. Culture is said to occur in a wide range of vertebrates from our close kin, chimpanzees and orangutans, to more distant relatives like rats and whales. Could these studies be misleading in that they are not actually studying culture but simply misapplying the term ‘culture’? Or is what is labeled culture in animals at the core of human culture, so that although human culture is more elaborate than animal culture, it is different in degree, not kind? While it is certainly easy to intentionally define culture in a way that makes it unique to humans, because of the growing field of animal culture, it would be most useful to attempt to offer a definition of culture that makes sense of how it is used by psychologists, biologists, anthropologists, and others who use the term culture in studies of animal behavior. The challenge is to produce a concept that is broad enough to be able to apply across humans and animals, but not be so anemic that it cannot do justice to human culture. Because of this, I will here construct a definition of animal culture and draw out some of its implications. (shrink)

Culture in humans connotes tradition, norms, ritual, technology, and social learning, but also cultural events like operas or gallery openings. Culture is in part about what we do, but also sometimes about what we ought to do. Human culture is inextricably intertwined with language and much of what we learn and transmit to others comes through written or spoken language. Given the complexities of human culture, it might seem that we are the only species that exhibits culture. How, then, are (...) we to make sense of culture in animals? The study of animal culture is a booming research area. Culture is said to occur in a wide range of vertebrates from our close kin, chimpanzees and orangutans, to more distant relatives like rats and whales. Could these studies be misleading in that they are not actually studying culture but simply misapplying the term ‘culture’? Or is what is labeled culture in animals at the core of human culture, so that although human culture is more elaborate than animal culture, it is different in degree, not kind? While it is certainly easy to intentionally define culture in a way that makes it unique to humans, because of the growing field of animal culture, it would be most useful to attempt to offer a definition of culture that makes sense of how it is used by psychologists, biologists, anthropologists, and others who use the term culture in studies of animal behavior. The challenge is to produce a concept that is broad enough to be able to apply across humans and animals, but not be so anemic that it cannot do justice to human culture. Because of this, I will here construct a definition of animal culture and draw out some of its implications. (shrink)

Conwy Lloyd Morgan (1852–1936) is widely regarded as the father of modern comparative psychology. Yet, Morgan initially had significant doubts about whether a genuine science of comparative psychology was even possible, only later becoming more optimistic about our ability to make reliable inferences about the mental capacities of non-human animals. There has been a fair amount of disagreement amongst scholars of Morgan’s work about the nature, timing, and causes of this shift in Morgan’s thinking. We argue that Morgan underwent two (...) quite different shifts of attitude towards the proper practice of comparative psychology. The first was a qualified acceptance of the Romanesian approach to comparative psychology that he had initially criticized. The second was a shift away from Romanes’ reliance on systematizing anecdotal evidence of animal intelligence towards an experimental approach, focused on studying the development of behaviour. We emphasize the role of Morgan’s evolving epistemological views in bringing about the first shift – in particular, his philosophy of science. We emphasize the role of an intriguing but overlooked figure in the history of comparative psychology in explaining the second shift, T. Mann Jones, whose correspondence with Morgan provided an important catalyst for Morgan’s experimental turn, particularly the special focus on development. We also shed light on the intended function of Morgan’s Canon, the methodological principle for which Morgan is now mostly known. The Canon can only be properly understood by seeing it in the context of Morgan’s own unique experimental vision for comparative psychology. (shrink)

It is a commonplace that coercion forms part of the nature of law: Law is inherently coercive. But how well founded is this claim, and what would it mean for coercion to be part of the of law? This article suggests that the claim is grounded in our current conception of law. The main focus of the article, however, is upon two major lines of argument that attempt to establish a link between law and coercion: one based upon the laws (...) normativity. It argues that the claim that law is necessarily coercive because it must be efficacious is mistakens normativity is inherently linked to coercion contains an important truths claim to authority encompasses the right to authorize the use of coercion. (shrink)

In this commentary on Lewens, I argue that although his criticisms of Machery's conception of human nature are sound, I disagree with his conclusion that human nature cannot inform us regarding issues of human enhancement. I introduce a framework for understanding human nature, the “life history trait cluster account,” which aligns the concept of human nature with the human sciences and allows human nature to inform questions of human enhancement.

In lieu of an abstract, here is a brief excerpt of the content:Videogames and Interactive FictionGrant TavinorIIn the third-person crime simulator Grand Theft Auto 3, the fictional performing of all sorts of criminal nuisance is a possibility. (Squeamish readers, or those that are adamant videogames are playing a decisive role in the moral degeneration of modern society might want to turn away now!) Here is one possibility for players of the game: while driving around in the rundown red-light district of (...) Portland Island, try stopping beside one of the women dressed in leather dresses and knee-high stockings who say things like "Have you ever been down south?" The fictional woman will bend down to the car window and eventually hop in. Now drive to a secluded area, stop the car, and wait. What happens? The car begins to rock up and down, slowly at first, and then more quickly, squeaking all the while. As it does, your health meter increases and the cash meter decreases. Eventually, after the car has stopped rocking, the prostitute exits and walks away. This is all obviously of questionable taste. But the really horrible part is that it is possible to mug the prostitute and take back your money!Though I am reluctant to tell you this, the first time I discovered the trick, I felt a sort of sadistic joy at my reprehensible behavior. Friends in the room at the time thought the whole incident hilarious; except for one who thought it extremely revolting. Perhaps now though, I feel guilty for what I did to the prostitute. (Hence my reluctance to let you know of my sinister fictional activities!) Of course, this episode raises a host of ethical questions; I will not attempt to answer them here. What I am interested in is the possibility of fictional interaction itself. The important point is that this fictive episode seems to show that it is possible in the case of videogames to feel guilty or ashamed for what one [End Page 24] does in a fictional world. But how is this possible? What does interacting with a videogame amount to that it allows for this intimate (and dubious) emotional connection?There is a wide and impressive literature in the analytic philosophy of the arts concerning the nature of fiction and the practice that surrounds it; this literature gives us an ideal theoretical basis from which to explore the topic of videogames. But also, videogames will allow us to return our attention to the theory, perhaps perceiving areas in which it can be improved, so as to become more generally applicable. I begin this paper by setting out some initial descriptive examples of the ways in which videogames are interactive fictions. After discussing an ambiguity in the notion of what it is to interact with a fiction, I deal with two prominent aspects of that interaction; that focused on fictive props, and the apparent interaction players have with fictional worlds. Next, I argue that the interactive nature of videogames alters the character of our interest in them. Rather than a focus on interpretive and sympathetic engagement with narratives, videogames involve their appreciators in an active engagement with the problem spaces or kinetic narratives of gameplay. Finally, I argue that because action and emotion are close cognitive bedfellows, and because emotion plays an important role in the psychology of fictive practice, that the emotions experienced by videogame players will be distinctive to that fictive form.IIVideogames provide their players with a variety of opportunities for interactive engagement. The last ten years have seen significant development in the extent of the fictive interactivity of videogames, especially with the advent of the "next generation" consoles such as Playstation 2 and X-Box, and the burgeoning genre of PC gaming. With the intention of providing some descriptive substance for the following theoretical discussions, in this section I present some examples of the ways in which modern videogames are interactive fictions, and how they differ to more traditional fictive forms in this respect.Many videogames involve exploring an environment. In Grand Theft Auto 3, the player, in the guise of a criminal protagonist, is able to explore the streets of Liberty City. Completing the objectives of the... (shrink)

Reciprocal altruism was originally formulated in terms of individual selection and most theorists continue to view it in this way. However, this interpretation of reciprocal altruism has been challenged by Sober and Wilson (1998). They argue that reciprocal altruism (as well as all other forms of altruism) evolves by the process of group selection. In this paper, we argue that the original interpretation of reciprocal altruism is the correct one. We accomplish this by arguing that if fitness attaches to (at (...) minimum) entire life cycles, then the kind of fitness exchanges needed to form the group-level in such situations is not available. Reciprocal altruism is thus a result of individual selection and when it evolves, it does so because it is individually advantageous. (shrink)

Questions about what human nature is and how we can learn about it are difficult to answer. They are difficult not just because humans are complex creatures whose behavior is deeply embedded in the cultural environment that they are a part of, but also because it is not obvious what a concept of human nature is supposed to do or what it is for. The concept of human nature is often used as a normative concept, one that can serve as (...) a guide to action, showing us how we ought to behave. Less commonplace is an approach that seeks a descriptive account of human nature, one that characterizes what humans do and are disposed to do. I argue in this essay that the normative and descriptive approaches are at odds and that we should not expect a single concept of human nature to play both roles. Furthermore, there are deep problems with normative accounts. They often ignore or contradict the contemporary scientific worldview, and they often merely reflect biases about how we ought to be and what we ought to do. Human nature in this sense becomes politicized and serves in arguments about the moral status of issues like homosexuality, abortion, or biomedical enhancement. Because of the problems inherent in normative notions of human nature, I offer a descriptive alternative. My alternative attempts to align the scientific study of the human with human nature. (shrink)

Andreas Schmidt argues that ethicists have misplaced moral qualms about nudges insofar as their worries are about whether nudges treat us as rational agents, because nudges can enhance our rational agency. I think that Schmidt is right that nudges often enhance our rational agency; in fact, we can carry his conclusion further: nudges often enhance our self-governing agency, too. But this does not alleviate our worries that nudges fail to treat us as rational. This is shown by disambiguating two conceptions (...) of treating-as-rational. The more plausible conception of treating-as-rational undermines Schmidt’s case that nudges often treat us as rational. (shrink)

Reproduction of the original: Post-Prandial Philosophy by Grant Allen.

Fitness plays many roles throughout evolutionary theory, from a measure of populations in the wild to a central element in abstract theoretical presentations of natural selection. It has thus been the subject of an extensive philosophical literature, which has primarily centered on the way to understand the relationship between fitness values and reproductive outcomes. If fitness is a probabilistic or statistical quantity, how is it to be defined in general theoretical contexts? How can it be measured? Can a single conceptual (...) model for fitness be offered that applies in all biological cases, or must fitness measures be case-specific? Philosophers have explored these questions over the last several decades, largely in the context of an influential definition of fitness proposed in the late 1970s: the propensity interpretation. This interpretation as first described undeniably suffers from significant difficulties, and debate regarding the tenability of amendments and alternatives to it remains unsettled. (shrink)

This paper discusses the puzzle of blackmail, i.e. the way in which the threat of an otherwise legally permissible action can in some cases constitute blackmail. It argues that the key to understanding blackmail is in terms of coercion and threats, and the effect such threats have on the validity of a victim’s consent. The nature of coercion and of coercive threats is considered in detail to support the thesis that threats are prima facie impermissible, though often justified all-things-considered. The (...) puzzle of blackmail arises due to the fact that the law rarely has regard to an agent’s motives in acting, whereas this is the focus of the puzzling cases. (shrink)

There is clearly a plurality of forms of altruism. Classically, biological altruism is distinguished from psychological altruism. Recent discussions of altruism have attempted to distinguish even more forms of altruism. I will focus on three altruism concepts, biological altruism, psychological altruism, and helping altruism. The questions I am concerned with here are, first, how should we understand these concepts? and second, what relationship do these concepts bear to one another? In particular, is there an essence to altruism that unifies these (...) concepts? I suggest that while there is no essence to altruism, this does not mean that the array of altruism concepts is completely disunified. Instead, I propose we place all the concepts into a common framework-an altruism space-that could lead to new questions about how this space can be filled. (shrink)

During the battle of Iwo Jima in June 1944, Private First Class Jackylin Harold Lucas and three other U.S. Marines came under attack while making their way along a ravine. Upon seeing two grenades thrown near the soldiers, Lucas dove onto one grenade and pulled the other under his body, saving his companions from serious injury or death. Lucas survived, but his injuries were so grave that his companions left him for dead. Lucas’s act was one of spectacular and nearly (...) suicidal altruism. What does such an act show us about our nature and the human capacity for good and evil? Perhaps it offers a window onto our true nature—a nature ultimately good, though susceptible to corrupting influences. Or perhaps it seems extraordinary precisely because we are greedy and violent by nature but can, in rare instances, rise above those instincts. Questions about what human nature is and how we can learn about it are difficult to answer. They are difficult not just because humans are complex creatures whose behavior is deeply embedded in the cultural environment that they are a part of, but also because it is not obvious what a concept of human nature is supposed to do or what it is for. The concept of human nature is often used as a normative concept, one that can serve as a guide to action, showing us how we ought to behave. Less commonplace is an approach that seeks a descriptive account of human nature, one that characterizes what humans do and are disposed to do. I argue in this essay that the normative and descriptive approaches are at odds and that we should not expect a single concept of human nature to play both roles. Furthermore, there are deep problems with normative accounts. They often ignore or contradict the contemporary scientific worldview, and they often merely reflect biases about how we ought to be and what we ought to do. Human nature in this sense becomes politicized and serves in arguments about the moral status of issues like homosexuality, abortion, or biomedical enhancement. Because of the problems inherent in normative notions of human nature, I offer a descriptive alternative. My alternative attempts to align the scientific study of the human with human nature. (shrink)

This article presents a philosophical account of the nature of crime. It argues that the criminal law contains both fault-based crimes and strict liability offences, and that these two represent different paradigms of liability. It goes on to argue that the gist of fault-based crimes lies in their being public wrongs, not (as is often thought) because they wrong the public, but because the public is responsible for punishing them, i.e. because they merit state punishment. What makes wrongs deserving of (...) punishment is that they are seriously blameworthy, inasmuch as they evince a disrespect for the values violated. But they only merit state punishment when they violate important values, not simply due to the well-known pragmatic considerations against the use of the criminal law, but to the intrinsic expressive force of criminal conviction. Finally, the analysis of fault-based crimes points to a role for strict liability in regulating actions that are not seriously blameworthy but do increase the risk of values being damaged. (shrink)

This paper argues that there is a general constraint on the evolution of culture. This constraint – what I am calling the Fundamental Constraint – must be satisfied in order for a cultural system to be adaptive. The Fundamental Constraint is this: for culture to be adaptive there must be a positive correlation between the fitness of cultural variants and their fitness impact on the organisms adopting those variants. Two ways of satisfying the Fundamental Constraint are introduced, structural solutions and (...) evaluative solutions. Because of the limitations on these solutions, this constraint helps explain why there is not more culture in nature, why the culture that does exist has the form it has, and why complex, cumulative culture is restricted to the human species. (shrink)