To what extent can humorism be a legitimate disposition toward the Absurd? The Absurd is born from the insurmountable contradiction between one’s ceaseless striving and the absence of an ultimate resolution – or, as I prefer to call it, the ‘dissolution of resolution’. Humoristic Absurdism is the commitment to a pattern of humorous responses to the Absurd, which regard this absurd condition, as well as its manifestation in absurd situations, as a comical phenomenon. Although the humoristic disposition seems promising, by (...) virtue of humor’s recognition of incongruity and its denial of an ultimate resolution, and succeeds in countering three major objections, it falls prey to the claim that comprehensive humorism portrays as frivolous what is earnest, thereby renouncing the gravity of the desire for ultimate resolution, which is fundamental to the notion of the Absurd. In an attempt to explore alternative roles for humor in a legitimate disposition toward the Absurd, Metamodern Absurdism is suggested, which revolves around a post-ironic oscillation between humor and earnestness. In short, only in a role limited to one pole of an oscillatory pattern of responses can humor be integrated in a legitimate disposition toward the Absurd. (shrink)

Taking organs from dead people seems, prima facie, to raise fewer ethical complications than taking organs from other sources. There are, however, serious ethical problems in taking organs from the dead unless there is premortem evidence that this is what the deceased would have wanted, or at least, not have objected to. In this paper we will look at a “strong” opting out policy as proposed by John Harris. We will argue that people can be harmed after their death and (...) that the posthumous removal of organs against their expressed wishes is one form that such harm might take. We also argue that Harris’s claim that we show “equality of concern” between the donor and recipient requires too much. (shrink)

Paul Thom's book presents Kilwardby's science of logic as a body of demonstrative knowledge about inferences and their validity, about the semantics of non-modal and modal propositions, and about the logic of genus and species. This science is thoroughly intensional. It grounds the logic of inference on "that in virtue of which" the inference holds. It bases the truth conditions of propositions on relations between conceptual entities. It explains the logic of genus and species through the notion of essence. (...) Thom interprets this science as a formal logic of intensions with its own proof theory and semantics. This comprehensive reconstruction of Kilwardby's logic shows the medieval master to be one of the most interesting logicians of the thirteenth century. (shrink)

The first full-length study of Robert Kilwardby's commentary on Aristotle's Prior Analytics, based on a study of the medieval manuscripts.

In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, I discuss (...) the use of general verdicts and reject their replacement in criminal trials by special verdicts. Second, I examine verdicts based upon mistakes and racial prejudice, turning my attention to perverse verdicts and the question of whether or not juries are guilty of legislating when nullifying the law. Finally, I look at the problem of the awarding of excessive damages by juries. My goal will be to provide a sound theoretical defence of the practice of jury nullification. (shrink)

This paper offers two potential worries in Robert B. Talisse's A Pragmatist Philosophy of Democracy. The first worry is that is that the picture of democracy on offer is incomplete. While Talisse correctly argues that democracy is about more than elections, democracy is also about more than deliberation between citizens. Talisse's deliberative democracy is problematic to the degree its view of deliberation fails to account for democracy. The second worry we may have concerns the relationship between Talisse's Peircean pragmatism and (...) deliberative democracy. If this pragmatism is always open to revision and change in light of future evidence, then no pragmatist should adhere to only one particular political system, such as democracy. When we claim that only one system can ever be justified, then we fail to honour our professed openness to revision and change in the future. If my analysis is correct, then I do not aim to demonstrate that Talisse's Peircean pragmatism is incorrect, only incomplete. Thus, the hope of this paper is to help develop this pragmatism further. (shrink)

Restorative justice is highly promising as an effective approach to better supporting victims, reducing reoffending, and lowering costs. The challenge it faces is a dual hurdle of limited applicability and lack of public confidence. The issue is how we might better embed restorative justice in the criminal justice system so its promising effectiveness could be shared more widely while increasing public confidence. This chapter explores the new approach of punitive restoration, which gives more tools for restoration including a wider punitive (...) element. Its goal is to win support for greater use of restorative practices and a less punitive criminal justice system overall. (shrink)

Simple heuristics that make us smart presents a valuable and valid interpretation of how we make fast decisions particularly in situations of ignorance and uncertainty. What is missing is how this intersects with thinking under even greater uncertainty or ignorance, such as novice problem solving, and with the development of expert cognition.

This article explores the relationship between capabilities and political liberalism. There are two views about how they might be compatible: Sen claims capabilities should be seen as a revision of primary goods while Nussbaum argues capabilities should form part of an overlapping consensus. It is argued they are both right—and incorrect. Whereas Sen identifies where compatibility might best be found, it is Nussbaum’s conception of capabilities that is able to overcome Rawls’s objections to Sen’s proposal. This provides a new third (...) way of conceiving how capabilities and political liberalism might address these concerns that is more compelling for how Sen and Nussbaum claim. The two rivals can come together, but not in the way that either of its most well known champions have argued. (shrink)

John Rawls argues that A Theory of Justice suffers from a “serious problem”: the problem of political stability. His theory failed to account for the reality that citizens are deeply divided by reasonable and incompatible religious, philosophical, and moral comprehensive doctrines. This fact of reasonable pluralism may pose a threat to political stability over time and requires a solution. Rawls proposes the idea of an overlapping consensus among incompatible comprehensive doctrines through the use of public reasons in his later Political (...) Liberalism. -/- Rawls’s proposed solution to the problem of political stability has received much criticism. Some, such as Kurt Baier, Brian Barry, George Klosko, and Edward McClennen, argue that an overlapping consensus is relatively unnecessary. Rawls should have acknowledged existing resources in his account that might secure political stability over time without major changes to his original views about justice. Others, including Kent Greenawalt, Michael Sandel, Leif Wenar, and Iris Marion Young believe that an overlapping consensus is too fragile to secure political stability. Rawls correctly identifies a major problem for his original account, but he fails to provide a satisfactory solution. -/- I believe these objections rest on a mistake easily overlooked. Each objection claims that, for Rawls, the possibility of future political stability is to be guaranteed by an overlapping consensus alone. This perspective fails to recognize the central importance of the social minimum in securing political stability. There is, in fact, more resources to secure political stability than Rawls or his critics have recognized. -/- My discussion will begin with a brief explanation of why the problem of political stability raises an important challenge to Rawls’s views on justice and why he argues for an overlapping consensus as a solution to it. I will next consider the more important objections to Rawls’s solution and why these fail. I will argue that the social minimum might better support political stability if it is broadly understood in terms of the capabilities approach. This approach is compatible with Rawls’s political liberalism and it provides a more robust understanding of a just social minimum. Political stability does not rely upon an overlapping consensus alone — and it may be better secured where the capabilities approach plays a more central role. Therefore, Rawls does provide a illuminating solution to the problem of political stability that is more compelling if we incorporate the capabilities approach into political liberalism. (shrink)

ZusammenfassungProduktion und Verbrauch von Nahrungsmitteln sind traditionell mit weit reichenden Ängsten verknüpft. Bezogen diese sich in vormodernen Gesellschaften vorrangig auf eine ausreichende Versorgung, sind sie in der modernen Industriegesellschaft eher auf die Qualität der Nahrungsmittel gerichtet. In diesem Zusammenhang spielten in der Nachkriegszeit Antibiotika eine zentrale Rolle. Der Aufsatz stellt die Einführung der Antibiotika in die westdeutsche Veterinärmedizin, ihre frühe Diskussion als Konservierungsmittel und ihre wachsende Rolle als Wachstumsförderer dar. Vor dem Hintergrund einer zunehmend industrialisierten, auf Maximierung ausgerichteten Produktionspolitik werden (...) die Rolle der Veterinäre, der Forschung und der wissenschaftlichen Experten sowie die Probleme der Regulierung des Antibiotikaeinsatzes in der Landwirtschaft diskutiert, die in die Entstehung eines unübersichtlichen grauen Marktes für Antibiotika und die Verlagerung ihres Einsatzes in die Therapie mündete. Besondere Aufmerksamkeit wird der Frage zugewandt, welche Rolle das Vertrauen und die Ängste der Verbraucher in diesem Prozess spielten. (shrink)

Ethics and moral philosophy is an area of particular interest today. This book brings together some of the most important essays in this area.

The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...) unified theories) with an additional section on capital punishment, perhaps the particular form of punishment that has received the most sustained philosophical attention. These theories of punishment address two important questions: first, who should be permitted to punish and, secondly, who should be permitted to be punished. These questions then concern the justification of punishment and its distribution. While the majority today often identifies their theories as retributivist, there is a great diversity of theories defended. This entry will highlight the leading work for each view. (shrink)

This paper argues that Leif Wenar's theory of reparations is not purely forward-looking and that backward-looking considerations play an important role: if there had never been a past injustice, then reparations for the future cannot be acceptable. Past injustice compose the first part of a two-tiered theory of reparations. We must first discover a past injustice has taken place: reparations are for the repair of previous damage. However, for Wenar, not all past injustices warrant reparations. Once we have first passed (...) the initial test of demonstrating a past injustice has taken place, we then determine whether or not to finally accept reparations based upon forward-looking considerations. What is important to note is that this decision to award reparations is based upon forward-looking considerations, but only after first satisfying the test of a past injustice. Thus, backward-looking considerations make up an important first part of Wenar's two-tiered theory of reparations. It is not my argument that this theory is unsafe and I find Wenar's arguments both novel and highly compelling. However, the view that this theory is forward-looking -- and not backward-looking -- is not entirely accurate. My brief reply corrects this part of an important new theory of reparations in the hope of strengthening its persuasive power. (shrink)

This new second edition of Punishment includes a revised and expanded defence of the groundbreaking unified theory of punishment that brings together elements of retribution, deterrence and rehabilitation into a new coherent framework. Thom Brooks expands the chapter length case studies from capital punishment, juvenile offending, domestic violence and sex crimes to include new chapters on social media offences and corporate liability addressing some of today's most pressing issues in criminal justice.

The purpose of this essay is to critically appraise J. Angelo Corlett's recent interpretation of Kant's theory of punishment as well as his rejection of Hegel's penology. In taking Kant to be a retributivist at a primary level and a proponent of deterrence at a secondary level, I believe Corlett has inappropriately wed together Kant's distinction between moral and positive law. Moreover, his support of Kant on these grounds is misguided as it is instead Hegel who holds such a distinction. (...) Finally, I attempt to refute the almost timeless retributivist rejection of deterrence-based theories of punishment on the grounds that the latter somehow would condone in some cases the punishment of innocent persons. These individuals almost always demand that no innocent person be punished as a rule of the highest order. (shrink)

In recent years, a growing body of work has emerged in legal theory that focuses on the relationship between law and virtue. Part of this virtue jurisprudence literature deals with the role of virtue in adjudication and judicial decision-making, with leading authors claiming that virtue plays a central explanatory and normative role. This article engages with this literature on virtue in adjudication, and connects it with a contemporary phenomenon that poses a risk for courts and judges, namely the politicisation of (...) judiciaries. In particular, the question emerges whether virtue jurisprudence is able to provide practical guidance to judges and courts in order to help them avert such politicisation. I sketch the outlines of two contrasting answers to this question, by exploring two alternative approaches to understanding the politicisation of judiciaries from within a broadly virtue-ethical framework. On the first approach, it appears that judges may help prevent politicisation, by becoming more attentive to the tragic character of particular cases and by deciding as civic friends. However, on the other approach, which builds on Alasdair MacIntyre’s critique of modern moral discourse, politicisation appears to be intractable, and the practical recommendations following from the first perspective may even aggravate it. (shrink)

Anthony Ellis attempts to offer a deterrence theory of punishment that overcomes a number of common criticisms of deterrence theories in general. While his discussion does suggest many interesting responses that proponents of deterrence theories might use, the theory he defends is problematic for several reasons.

Severe poverty is a major global problem about risk and inequality. What, if any, is the relationship between equality, fairness and responsibility in an unequal world? I argue for four conclusions. The first is the moral urgency of severe poverty. We have too many global neighbours that exist in a state of emergency and whose suffering is intolerable. The second is that severe poverty is a problem concerning global injustice that is relevant, but not restricted, to questions about responsibility. If (...) none were responsible, this does not eliminate all compelling claims to provide assistance. The third is that severe poverty represents an inequality too far; it is a condition of extremity with denial of basic needs. The fourth is that there is a need for an approach that captures all relevant cases – and the capabilities approach and the connection theory of remedial responsibilities are highlighted as having special promise. (shrink)

Review of Benjamin Yost's Against Capital Punishment by Thom Brooks.

Martha Nussbaum’s “influential capabilities approach” offers us a powerful, universal standard of justice. The approach builds off of pioneering work by Amartya Sen in economic development. Much of the contemporary interest in the capabilities approach has focused upon how we might spell out a list of precisely which capabilities must be made universally available and protected, a list that Sen has not provided himself. Nussbaum’s list of capabilities is arguably the most successful attempt at defining these capabilities. In this paper, (...) I will argue for a new problem with the approach that raises new questions about the capabilities approach more generally. (shrink)

A new edition of the first systematic reading of Hegel's political philosophy Elements of the Philosophy of Right is widely acknowledged to be one of the most important works in the history of political philosophy. This is the first book on the subject to take Hegel's system of speculative philosophy seriously as an important component of any robust understanding of this text. Key Features •Sets out the difference between 'systematic' and 'non-systematic' readings of Philosophy of Right •Outlines the unique structure (...) of Hegel's philosophical arguments •Explores key areas of Hegel's political philosophy: his theories of property, punishment, morality, law, monarchy, war, democracy and history This significantly expanded second edition includes: a more detailed explanation of Hegel's philosophical system, two new chapters on his theories of democracy and history and an appendix detailing the implications this work has for future interpretations of Hegel's philosophy. (shrink)

This article examines the relation of risks and public policy through the lens of alcohol and crime. Alcohol thus lives a double-life as a fountain of celebration while also a wellspring of potentially serious harms. The issue of how risks might be managed much better is approached through considering three different arenas within the criminal law concluding that it is a crude mechanism for grappling with complex issues of criminal responsibility for any higher risks associated with becoming under the influence. (...) The article defends the use of nudges as an under explored area for public policy decision-making and proposes new policies based on them. (shrink)

This comment argues for the importance of global institutions to regulate nuclear power. Nuclear power presents challenges across national borders irrespective of whether plants are maintained safely. There are international agreements in place on the disposal of nuclear waste, an issue of great concern in terms of environmental and health effects for any nuclear power policy. However, there remains a pressing need for an international agreement to ensure the safe maintenance of nuclear facilities. Safe nuclear power beyond waste disposal should (...) receive more attention. Nuclear power policy is often a matter of pure state interest with national governments alone responsible for regulating the safe maintenance of nuclear facilities. It ought not be left to national governments alone to regulate the safe administration of nuclear power given the many threats to environmental safety and public health. This comment argues that global institutions may best address this problem. The comment concludes with recommendations on how nuclear power policy might be regulated. (shrink)

"Appointment Denied is the true story behind the Bertrand Russell/City College controversy, where academic freedom, religious fervor, and political expediency combined to form a volatile mixture that posed a palpable threat to higher education in America."--BOOK JACKET.

Widely hailed as one of the most significant works in modern political philosophy, John Rawls's _Political Liberalism_ defended a powerful vision of society that respects reasonable ways of life, both religious and secular. These core values have never been more critical as anxiety grows over political and religious difference and new restrictions are placed on peaceful protest and individual expression. This anthology of original essays suggests new, groundbreaking applications of Rawls's work in multiple disciplines and contexts. Thom Brooks, Martha (...) Nussbaum, Onora O'Neill, Paul Weithman, Jeremy Waldron, and Frank Michelman explore political liberalism's relevance to the challenges of multiculturalism, the relationship between the state and religion, the struggle for political legitimacy, and the capabilities approach. Extending Rawls's progressive thought to the fields of law, economics, and public reason, this book helps advance the project of a free society that thrives despite disagreements over religious and moral views. (shrink)

A formal analysis is offered of Pseudo-Scotus's theory of the conversion of (i) propositions containing singular terms (including propositions with a singular term as predicate): and (ii) propositions with a quantified predicate. An attempt is made to steer a middle course between using the Aristotelian logic as a framework for the analysis, and using a Fregean framework.

Polygamy is a hotly contested practice and open to widespread misunderstandings. This practice is defined as a relationship between either one husband and multiple wives or one wife and multiple husbands. Today, “polygamy” almost exclusively takes the form of one husband with multiple wives. In this article, my focus will center on limited defenses of polygamy offered recently by Chesire Calhoun and Martha Nussbaum. I will argue that these defenses are unconvincing. The problem with polygamy is primarily that it is (...) a structurally inegalitarian practice in both theory and fact. Polygamy should be opposed for this reason. (shrink)

In this commentary we argue for the value of involving people with a diagnosis of mental health disorders and/or their caregivers as co-researchers in mental health research. We claim that co-produ...

The future of philosophy is moving towards “global philosophy.” The idea of global philosophy is the view that different philosophical approaches may engage more substantially with each other to solve philosophical problems. Most solutions attempt to use only those available resources located within one philosophical tradition. A more promising approach might be to expand the range of available resources to better assist our ability to offer more compelling solutions. This search for new horizons in order to improve our clarity about (...) philosophical issues is at the heart of global philosophy. The idea of global philosophy encourages us to look beyond our traditions to improve our philosophical problem-solving by our own lights. Global philosophy is a new approach whose time is coming. This essay offers the first account of this approach and an assessment of its future promise. (shrink)

Exploring the use of nudges and informed consent in medical ethics.

Most philosophers reject what we might call "penal pluralism": the idea that punishment can and should encompass multiple penal goals or principles. This is rejected because it is often held that different penal goals or principles will conflict: the goal of punishing an offender to the degree deserved may differ and even undermine the goal of enabling deterrence or rehabilitation. For this reason, most philosophers argue that we must make a choice, such as choosing between retribution and its alternatives. In (...) "Some Remarks on Punishment," F. H. Bradley re-examines the justification of punishment in light of a critique of Darwinism's importance for ethics. My primary focus is on how Bradley's substantive discussion of punishment only because it is here that this article's arguments have most relevance for us today. (shrink)

This paper presents GlamMap, a visualization tool for large, multi-variate georeferenced humanities data sets. Our approach visualizes the data as glyphs on a zoomable geographic map, and performs clustering and data aggregation at each zoom level to avoid clutter and to prevent overlap of symbols. GlamMap was developed for the Galleries, Libraries, Archives, and Museums (GLAM) domain in cooperation with researchers in philosophy. We demonstrate the usefulness of our approach by a case study on history of logic, which involves navigation (...) and exploration of 7100 bibliographic records, and scalability on a data set of sixty million book records. (shrink)

We propose a novel type of low distortion radial embedding which focuses on one specific entity and its closest neighbors. Our embedding preserves near-exact distances to the focus entity and aims to minimize distortion between the other entities. We present an interactive exploration tool SolarView which places the focus entity at the center of a "solar system" and embeds its neighbors guided by concentric circles. SolarView provides an implementation of our novel embedding and several state-of-the-art dimensionality reduction and embedding techniques, (...) which we adapted to our setting in various ways. We experimentally evaluated our embedding and compared it to these state-of-the-art techniques. The results show that our embedding competes with these techniques and achieves low distortion in practice. Our method performs particularly well when the visualization, and hence the embedding, adheres to the solar system design principle of our application. Nonetheless - as with all dimensionality reduction techniques - the distortion may be high. We leverage interaction techniques to give clear visual cues that allow users to accurately judge distortion. We illustrate the use of SolarView by exploring the high-dimensional metric space of bibliographic entity similarities. (shrink)

abstract Shame punishments have become an increasingly popular alternative to traditional punishments, often taking the form of convicted criminals holding signs or sweeping streets with a toothbrush. In her Hiding from Humanity, Martha Nussbaum argues against the use of shame punishments because they contribute to an offender's loss of dignity. However, these concerns are shared already by the courts which also have concerns about the possibility that shaming might damage an offender's dignity. This situation has not led the courts to (...) reject all uses of shaming, but only to accept shaming within certain safeguards. Thus, despite Nussbaum's important reservations against shame punishments, it may still be possible for her to accept shaming within specific parameters such as those set out by the courts that protect the dignity of an offender. As a result, she need not be opposed to the use of legitimate shame punishment. (shrink)