This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. (...) Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government-one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law , addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS. (shrink)

The poetry and journalistic essays of Katherine Tillman often appeared in publications sponsored by the American Methodist church. Collected together for the first time, her works speak to the struggles and triumphs of African-American women.

In the 2005 Kitzmiller v Dover Area School Board case, a federal district court ruled that Intelligent Design creationism was not science, but a disguised religious view and that teaching it in public schools is unconstitutional. But creationists contend that it is illegitimate to distinguish science and religion, citing philosophers Quinn and especially Laudan, who had criticized a similar ruling in the 1981 McLean v. Arkansas creation-science case on the grounds that no necessary and sufficient demarcation criterion was possible and (...) that demarcation was a dead pseudo-problem. This article discusses problems with those conclusions and their application to the quite different reasoning between these two cases. Laudan focused too narrowly on the problem of demarcation as Popper defined it. Distinguishing science from religion was and remains an important conceptual issue with significant practical import, and philosophers who say there is no difference have lost touch with reality in a profound and perverse way. The Kitzmiller case did not rely on a strict demarcation criterion, but appealed only to a “ballpark” demarcation that identifies methodological naturalism (MN) as a “ground rule” of science. MN is shown to be a distinguishing feature of science both in explicit statements from scientific organizations and in actual practice. There is good reason to think that MN is shared as a tacit assumption among philosophers who emphasize other demarcation criteria and even by Laudan himself. (shrink)

Preface 9 PART I: RELIGIOUS, SCIENTIFIC, AND PHILOSOPHICAL BACKGROUND Introduction to Part I 19 1. The Bible 27 2. Natural Theology 33 William Paley 3. On the Origin of Species 38 Charles Darwin 4. Objections to Mr. Darwin’s Theory of the Origin of Species 65 Adam Sedgwick 5. The Origin of Species 73 Thomas H. Huxley 6. What Is Darwinism? 82 Charles Hodge 7. Darwinism as a Metaphysical Research Program 105 Karl Popper 8. Karl Popper’s Philosophy of Biology 116 Michael (...) Ruse 9. Human Nature: One Evolutionist’s View 136 Francisco Ayala 10. Universal Darwinism 158 Richard Dawkins PART II: CREATION SCIENCE AND THE McLEAN CASE Introduction to Part II 187 11. The Creationists 192 Ronald L. Numbers 12. Creation, Evolution, and the Historical Evidence 231 Duane T. Gish 13. Witness Testimony Sheet: McLean v. Arkansas Board of Education 253 Michael Ruse 14. United States District Court Opinion: McLean v. Arkansas Board of Education 279 Judge William R. Overton 15. The Demise of the Demarcation Problem 312 Larry Laudan 16. Science at the BarùCauses for Concern 331 Larry Laudan 17. Pro Judice 337 Michael Ruse 18. More on Creationism 345 Larry Laudan 19. Commentary: Philosophers at the BarùSome Reasons for Restraint 350 Barry R. Gross PART III: INTELLIGENT DESIGN CREATIONISM AND THE KITZMILLER CASE Introduction to Part III 369 20. But Isn’t It Creationism? The Beginnings of "Intelligent Design" in the Midst of the Arkansas and Louisiana Litigation 377 Nick Matzke 21. What Is Darwinism? 414 Phillip E. Johnson 22. Is It Science Yet? Intelligent Design, Creationism, and the Constitution 426 Matthew Brauer, Barbara Forrest, and Steven G. Gey 23. Kitzmiller v. Dover Area School District Expert Witness Testimony 434 Michael Behe 24. Kitzmiller v. Dover Area School District Expert Report 456 Robert T. Pennock 25. A Step toward the Legalization of Science Studies 485 Steve Fuller 26. What Is Wrong with Intelligent Design? 495 Elliott Sober 27. United States District Court Memorandum Opinion: Kitzmiller, et al. v. Dover Area School District, et al. 506 Judge John E. Jones II 28. Can’t Philosophers Tell the Difference between Science and Religion? Demarcation Revisited 536 Robert T. Pennock. (shrink)

In the 2005 Kitzmiller v Dover Area School Board case, a federal district court ruled that Intelligent Design creationism was not science, but a disguised religious view and that teaching it in public schools is unconstitutional. But creationists contend that it is illegitimate to distinguish science and religion, citing philosophers Quinn and especially Laudan, who had criticized a similar ruling in the 1981 McLean v. Arkansas creation-science case on the grounds that no necessary and sufficient demarcation criterion was possible and (...) that demarcation was a dead pseudo-problem. This article discusses problems with those conclusions and their application to the quite different reasoning between these two cases. Laudan focused too narrowly on the problem of demarcation as Popper defined it. Distinguishing science from religion was and remains an important conceptual issue with significant practical import, and philosophers who say there is no difference have lost touch with reality in a profound and perverse way. The Kitzmiller case did not rely on a strict demarcation criterion, but appealed only to a “ballpark” demarcation that identifies methodological naturalism as a “ground rule” of science. MN is shown to be a distinguishing feature of science both in explicit statements from scientific organizations and in actual practice. There is good reason to think that MN is shared as a tacit assumption among philosophers who emphasize other demarcation criteria and even by Laudan himself. (shrink)

An exploration of the scientific mindset—such character virtues as curiosity, veracity, attentiveness, and humility to evidence—and its importance for science, democracy, and human flourishing. Exemplary scientists have a characteristic way of viewing the world and their work: their mindset and methods all aim at discovering truths about nature. In An Instinct for Truth, Robert Pennock explores this scientific mindset and argues that what Charles Darwin called “an instinct for truth, knowledge, and discovery” has a tacit moral structure—that it is (...) important not only for scientific excellence and integrity but also for democracy and human flourishing. In an era of “post-truth,” the scientific drive to discover empirical truths has a special value. Taking a virtue-theoretic perspective, Pennock explores curiosity, veracity, skepticism, humility to evidence, and other scientific virtues and vices. He explains that curiosity is the most distinctive element of the scientific character, by which other norms are shaped; discusses the passionate nature of scientific attentiveness; and calls for science education not only to teach scientific findings and methods but also to nurture the scientific mindset and its core values. Drawing on historical sources as well as a sociological study of more than a thousand scientists, Pennock's philosophical account is grounded in values that scientists themselves recognize they should aspire to. Pennock argues that epistemic and ethical values are normatively interconnected, and that for science and society to flourish, we need not just a philosophy of science, but a philosophy of the scientist. (shrink)

Key Words creation science, evolution education s Abstract Creationism, the rejection of evolution in favor of supernatural design, comes in many varieties besides the common young-earth Genesis version. Creationist attacks on science education have been evolving in the last few years through the alliance of different varieties. Instead of calls to teach “creation science,” one now finds lobbying for “intelligent design” (ID). Guided by the Discovery Institute’s “Wedge strategy,” the ID movement aims to overturn evolution and what it sees as (...) a pernicious materialist worldview and to renew a theistic foundation to Western culture, in which human beings are recognized as being created in the image of God. Common ID arguments involving scientific naturalism, “irreducible complexity,” “complex specified information,” and “icons of evolution,” have been thoroughly examined and refuted. Nevertheless, from Kansas to Ohio to the U.S. Congress, ID continues lobbying to teach the controversy, and scientists need to be ready to defend good evolution education. (shrink)

Creationists have acquired a more sophisticated intellectual arsenal. This book reveals the insubstantiality of their arguments. Creationism is no longer the simple notion it once was taken to be. Its new advocates have become more sophisticated in how they present their views, speaking of "intelligent design" rather than "creation science" and aiming their arguments against the naturalistic philosophical method that underlies science, proposing to replace it with a "theistic science." The creationism controversy is not just about the status of Darwinian (...) evolution—it is a clash of religious and philosophical worldviews, for a common underlying fear among Creationists is that evolution undermines both the basis of morality as they understand it and the possibility of purpose in life. In Tower of Babel, philosopher Robert T. Pennock compares the views of the new creationists with those of the old and reveals the insubstantiality of their arguments. One of Pennock's major innovations is to turn from biological evolution to the less charged subject of linguistic evolution, which has strong theoretical parallels with biological evolution, both in content and in the sort of evidence scientists use to draw conclusions about origins. Of course, an evolutionary view of language does conflict with the Bible, which says that God created the variety of languages at one time as punishment for the Tower of Babel. Several chapters deal with the work of Phillip Johnson, a highly influential leader of the new Creationists. Against his and other views, Pennock explains how science uses naturalism and discusses the relationship between factual and moral issues in the creationism-evolution controversy. The book also includes a discussion of Darwin's own shift from creationist to evolutionist and an extended argument for keeping private religious beliefs separate from public scientific knowledge. (shrink)

This paper offers an account of the important role which an obligation to provide reasons can play in avoiding some of the systematic difficulties encountered in the theory of rational social choice. The paper builds on some of the insights offered by theories of structure-induced equilibrium. It argues that the obligation to provide reasons for certain choices, reasons which must be articulated and structured around a set of generally shared and publicly comprehensible categories of thought, can serve to make the (...) space of possible choices "concept-sensitive" in a very useful way. Concept-sensitivity has the effect of restricting certain movements within the choice space so that some of the difficulties for achieving an equilibrium in social choice, difficulties which arise out of an excess of rational doing, are avoided. The resulting equilibrium is path dependent, of course, but because it is dependent on a choice path which "makes sense" (or is ordered by thought precisely because it is concept-sensitive), it is not the sort of arbitrary path dependent social choice which was of such concern to Kenneth Arrow in his original Nobel prize winning work. The paper illustrates its points with examples taken from the law. The law is a method of making social choices which emphasizes (in a very self-conscious way, and one which has no parallel either in politics or the market) the justificatory significance of the obligation to give publicly accountable reasons which attend to those issues arising in an ordered way out of a highly structured adjudicative process. Thus, the paper has as one of its ambitions the bringing together of two accounts of rational decision-making which, to this point at least, have not had much contact, namely, the theory of rational social choice and the theory of legal reasoning. (shrink)

This article discusses Ronald Preston's understanding of William Temple and the relationships between the two thinkers. It shows how both develop a theology of Christian realism which places great emphasis on the autonomy of the social sciences and the importance of economic expertise. Questions are raised about the appropriateness of this method, as well as their understanding of the state as an order of creation: these can easily lead to the reduction of the sphere of political morality and its substitution (...) with a form of technical rationality. After a brief discussion of the cult of the expert and the manager in contemporary British politics, and the limitation of political action through the rhetoric of ‘there is no alternative', the article concludes by calling for a remoralisation of political life against an economic reductionism which threatens to remove ethics from politics altogether. (shrink)

In recent years, William J. Abraham has suggested the creation of a new subdiscipline for examining the epistemology of theology. This article provides an overview of this proposal, highlighting some of the philosophical concepts, such as ‘Aristotelian epistemic fit’ and particularism, that Abraham drew upon when formulating this approach. It then proceeds to an examination of Abraham’s application of these ideas to his preferred theological scheme, canonical theism. Limitations and challenges to Abraham’s position are discussed as well as ways in (...) which weaknesses in his approach might be addressed. (shrink)

An anthology of writings by proponents and critics of intelligent design creationism.

Donald A. Barr's Introduction to U.S. Health Policy: The Organization, Financing, and Delivery of Health Care in America (second edition, 2007) offers a lucid and informative overview of the U.S. health system and the dilemmas policy makers currently face. Barr has provided a balanced introduction to the way health care is organized, financed, and delivered in the United States. The thirteen chapters of the book are quite comprehensive in the topics they cover. Even those knowledgeable about the U.S. health care (...) system are likely to find much to stimulate their thinking in the text. The book can also appropriately serve as a basic text for a health policy course or in the medical or nursing school curriculum. (shrink)

Television commercials are often thought of as bothersome multimedia artefacts that by their very existence spoil our viewing pleasure at regular intervals. Not only that, but they seem to have the habit of ordering us around. This aspect of TV ads has often been commented on by experts and laypersons alike. Therefore, we decided to tackle this issue and look at the prototypical expression of directives, that is, imperatives in voice-overs in television commercials. To this end we have carried out (...) an empirical analysis of imperatives in voice-overs in the MATVA corpus which contains transcriptions of nearly 800 voice-overs in British TV ads recorded on six days during 2009, 2010 and 2011. We provide an exhaustive quantitative and qualitative profile of imperatives in contemporary TV advertising. This includes information on the distribution of imperatives, the most common verbs in imperative clauses, and their discourse function. We are also able to show conclusively that the directive force of imperatives in TV ads is more akin to advice or recommendation than commands, and explain from a discourse-pragmatic perspective why this is so. (shrink)

��This paper investigates how an evolutionary al- gorithm with an indirect encoding exploits the property of phenotypic regularity, an important design principle found in natural organisms and engineered designs. We present the first comprehensive study showing that such phenotypic regularity enables an indirect encoding to outperform direct encoding con- trols as problem regularity increases. Such an ability to produce regular solutions that can exploit the regularity of problems is an important prerequisite if evolutionary algorithms are to scale to high-dimensional real-world (...) problems, which typically contain many regularities, both known and unrecognized. The indirect encoding in this case study is HyperNEAT, which evolves artificial neural networks (ANNs) in a manner inspired by concepts from biological development. We demonstrate that, in contrast to two direct encoding controls, HyperNEAT produces both regular behaviors and regular ANNs, which enables HyperNEAT to significantly outperform the direct encodings as regularity increases in three problem domains. We also show that the types of regularities HyperNEAT produces can be biased, allowing domain knowledge and preferences to be injected into the search. Finally, we examine the downside of a bias toward regularity. Even when a solution is mainly regular, some irregularity may be needed to perfect its functionality. This insight is illustrated by a new algorithm called HybrID that hybridizes indirect and direct encodings, which matched HyperNEAT’s performance on regular problems yet outperformed it on problems with some irregularity. HybrID’s ability to improve upon the performance of HyperNEAT raises the question of whether indirect encodings may ultimately excel not as stand-alone algorithms, but by being hybridized with a further process of refinement, wherein the indirect encoding produces patterns that exploit problem regu-. (shrink)

Responsible conduct of research training typically includes only a subset of the issues that ought to be included in science ethics and sometimes makes ethics appear to be a set of externally imposed rules rather than something intrinsic to scientific practice. A new approach to science ethics training based upon Pennock’s notion of the scientific virtues may help avoid such problems. This paper motivates and describes three implementations—theory-centered, exemplar-centered, and concept-centered—that we have developed in courses and workshops to introduce (...) students to this scientific virtue-based approach. (shrink)

A reference guide to the work of figures who have played an important role in the development of ideas about language.

Resistance to paying war taxes that stems from a principled pacifism is not the same as tax-dodging and should be accommodated in the law by broadening the scope of Conscientious Objector (CO) status and by legislating a nonmilitary alternative fund so COs may redirect their tax money to peaceful uses. Using the religious example of the Society of Friends (Quakers) and various secular examples of pacifism I show that resisters’ conscientious opposition to paying for war is of a kind with (...) their conscientious refusal to carry arms. Their refusal to cooperate with military taxation is not disdain of the rule of law, but is a respectful form of civil disobedience. It is in the interest of justice for a liberal democracy to provide an option for conscientious objectors so they may satisfy their moral scruples without having to break the law. (shrink)

Journal of Social Philosophy, EarlyView.

Creative Intelligence: Essays in the Pragmatic Attitude represents an attempt at intellectual cooperation. No effort has been made, however, to attain unanimity of belief nor to proffer a platform of "planks" on which there is agreement. The consensus represented lies primarily in outlook, in conviction of what is most likely to be fruitful in method of approach. As the title page suggests, the volume presents a unity in attitude rather than a uniformity in results. Consequently each writer is definitively responsible (...) only for his own essay. The reader will note that the Essays endeavor to embody the common attitude in application to specific fields of inquiry which have been historically associated with philosophy rather than as a thing by itself. Beginning with philosophy itself, subsequent contributions discuss its application to logic, to mathematics, to physical science, to psychology, to ethics, to economics, and then again to philosophy itself in conjunction with esthetics and religion. The reader will probably find that the significant points of agreement have to do with the ideas of the genuineness of the future, of intelligence as the organ for determining the quality of that future so far as it can come within human control, and of a courageously inventive individual as the bearer of a creatively employed mind. (shrink)

It is a privilege to be invited to contribute to the Festschrift dedicated to Professor Johan Buitendag, Emeritus Dean, Faculty of Theology and Religion at the University of Pretoria, South Africa. While his own work often examined the relationship between theology and natural science, he was also passionate about ecumenism and, in that spirit, the present essay utilised what might be described as an inductive approach to an important ecumenical question, the unity between Methodists and Catholics. Ecumenical dialogue is often (...) undertaken from a theological and dogmatic perspective. This essay took a different approach in that it sought to inductively examine what might be described as the inner logic of two ecclesial systems (Methodist and Catholic). In doing so, it was premised upon an Aristotelian philosophical principle, epistemic fit, in that it presupposed that both these ecclesial bodies possess an intrinsic logic that can be brought to the surface in order to exhibit parallel contours in the wider ecclesial terrain.Contribution: This article fits well within the scope of HTS Teologiese Studies/Theological Studies in that it contributed to a new subdiscipline in epistemology, which explores the conceptual and epistemological dimensions of ecclesiology. Using the concept of epistemic fit, the article offered an inductive approach to some of the practical issues that emerge in ecumenical dialogue. (shrink)