Abstract Building on the authors' previous work regarding the classical Confucian position on the legitimate use of military force as represented by Mencius and Xunzi, this paper probes their understanding of punitive expeditions undertaken against tyrants in particular ? aims, justification, preconditions, and limits. It compares this understanding with contemporary Western models of humanitarian intervention, and argues that the Confucian punitive expedition aligns most closely with the emerging ?responsibility to protect? model in Western discussions, although it also (...) differs from the latter in certain respects. For example, the Confucian expedition explicitly forwards as legitimate aims regime change and the punishment of tyrants, in addition to rescue of an abused population and assistance in rebuilding a decent society. The Confucian understanding also appears to set a lower threshold standard (well short of genocide, ethnic cleansing, or large-scale massacre) for what counts as severe tyranny warranting intervention, and it explicitly speaks of an obligation (beyond mere permissibility) to intervene when that threshold is exceeded. In its concluding section, the paper discusses some possible contemporary implications of the classical Confucian understanding of a punitive expedition against tyrants. (shrink)

In the past two decades, scholars in China and beyond have vigorously demonstrated that the just war discourse is integral to classical Confucianism and that the classical Confucian idea of “punitive expedition” can be best understood in terms of humanitarian intervention. The sceptics, however, claim that in describing the ancient sage‐king's bloodless punitive expeditions, what classical Confucians really had in mind was not so much to endorse morally justified forms of aggressive war but to highlight the paramount (...) importance of the ruler's moral self‐cultivation and benevolent government. This paper examines closely the disagreement between the two positions and offers a more historically grounded justification for the just war interpretation of classical Confucianism. It pays special attention to the importance of ritual order in classical Confucian political theory and discusses how the Warring States political circumstances led thinkers such as Mencius and Xunzi to shift their attention from ritual order to the well‐being of the people. (shrink)

We examine the role of alignment between organizational social consciousness and the informal and formal institutions of a country in increasing female representation on boards. Using fixed-effects and Hausman Taylor regression methodology for endogenous covariate with panel data for the years 2006–2020, we find that the greater the alignment between organizational social consciousness and certain formal and informal institutions, the more progress there is toward gender representation on corporate boards in Europe. We also find that more socially conscious firms make (...) the most progress, often going beyond the minimum regulatory targets. By showing the complementarity of these factors, we address the enduring question of how the interplay of formal and informal institutions directly affects corporate behavior, thus contributing to the institutional, public policy/regulatory, and corporate governance literatures. We note the need for policymakers to go beyond mere codification of rules via quotas and simultaneously work toward raising national and organizational social consciousness levels on issues of gender equality. (shrink)

Focusing on the thought of Mencius and Xunzi, this essay reconstructs and examines the classical Confucian position on the legitimate use of military force. It begins by sketching historically important political concepts, such as types of political leaders, politics of the kingly way versus politics of the hegemonic way, and the controversial role of lords-protector. It then moves on to explore Confucian criteria for justifying resort to the use of force, giving special attention to undertaking punitive expeditions to interdict (...) and punish aggression and tyranny. Following this discussion, the essay then attends to important Confucian moral constraints on how military force is properly employed, including prohibitions on attacking the defenseless, indiscriminate slaughter of enemy forces, destruction of civilian infrastructure, prisoner abuse, and non-consensual annexation of territory. The essay concludes by first discussing an illustrative case from Mencius and then comparing its reconstruction of the Confucian position to those offered by other scholars. (shrink)

Growing evidence, as presented by Jaswal & Akhtar, indicates that social motivation is not universally reduced in autism. Here, we evaluate and extend this argument in light of recent evidence of “compensation” in autism. We thereby argue that autistic “compensators” – exhibiting neurotypical behaviour despite persistent difficulties in social cognition – indicate intact or potentially heightened social motivation in autism.

Some scholars blame capitalism for the prevalence of modern slavery. However, data reveal that it is wrong to blame capitalism for a problem that long preceded it and would likely be much worse without it. We explain why this is the case.

The way communicable diseases do spread from one person to another, depending upon the specific disease or causative infectious agent. Out of these diseases, some are incurable and the health care workers during their practice or otherwise acquire such infections and transmit them further to innocent patients who are unaware of about the health status of health care workers. The rights of an infected health care worker and patients are protected by many laws but in case of conflict of interests (...) between the individual right of the health care worker and life of a patient, then obviously by the principle of natural justice, saving the life of a person from such incurable infection gets the privilege. Therefore, there is a lot of ethical and professional dilemma, arising out, in such a type of scenario, irrespective of concealed or disclosed health status and the question mark is raised on whether clinical practice may be allowed in such cases. Some of the studies show the actual but very little risk of transmission from infected health care workers to patients. Therefore, in the current scenario, many western countries such as USA and UK are following different guidelines in this regard but the same is lacking in India. So, this article critically analyses the various issues arising out of it and thereby justifies the need to have a uniform infection control policy in this regard apart from legal and ethical binding on infected health care workers. (shrink)

This essay explores Confucian views on war as seen in the Spring and Autumn Annals . The interpretation is based mainly on the Gongyang Zhuan , supplemented by other authoritative sources in the Gongyang tradition, such as D ong Zhongshu (179-104 BCE) and H e Xiu (129-182). The Spring and Autumn Annals contains three components: facts, words, and principles. This essay explicates the principles for going to war and the principles for conducting a war. The Confucian perspective sheds light on (...) war against enemies of civilization, conditions for waging a preemptive war, punitive expedition, as well as the use of weapons of mass destruction. The Confucian views as presented here are realistic and pragmatic in nature but are also compatible with the humanistic concern of Confucianism. This essay ends with a summary of the salient and sophisticated features of the Confucian views on war. (shrink)

ABSTRACT Focusing on the thought of Mencius and Xunzi, this essay reconstructs and examines the classical Confucian position on the legitimate use of military force. It begins by sketching historically important political concepts, such as types of political leaders, politics of the kingly way versus politics of the hegemonic way, and the controversial role of lords‐protector. It then moves on to explore Confucian criteria for justifying resort to the use of force, giving special attention to undertaking punitive expeditions to (...) interdict and punish aggression and tyranny. Following this discussion, the essay then attends to important Confucian moral constraints on how military force is properly employed, including prohibitions on attacking the defenseless, indiscriminate slaughter of enemy forces, destruction of civilian infrastructure, prisoner abuse, and non‐consensual annexation of territory. The essay concludes by first discussing an illustrative case from Mencius and then comparing its reconstruction of the Confucian position to those offered by other scholars. (shrink)

This paper explores Mencius' political theory of international relations and the morality of war from the perspective of Confucian moralpolitik. It argues that while acknowledging the possibility of international justice among the feudal, yet de facto, independent states during the Warring States period, Mencius subscribed to the idea that international morality (and justice) can be best maintained under what I call 'Confucian international moral hierarchy' among the states. By upholding international moral hierarchy, Mencius attempted to achieve an international community in (...) which big/strong and small/weak states are mutually connected to each other for the common welfare of the people. The paper then turns to Mencius' ideas on just war and investigates how Mencius rationalized the punitive expedition in the virtual absence of a symbolic institutional authority representing the Mandate of Heaven, the metaphysical ground for the morality of war, by presenting its visible alternatives. It closes by critically revisiting Daniel Bell's interpretation of Mencius's ideas of a just war. (shrink)

The most defensible justifications of war in the European intellectual tradition hold that war is instrumentally necessary for the maintenance of peace and order. An investigation of Ancient Chinese philosophical attitudes towards war calls this assumption into question. The closest parallel to an instrumental concept of war is found in the Legalist school, but historical experience in China has rejected this. The Confucian school, especially Mencius and Xunxi, insists that war is not instrumental in creating social order, but derives from (...) the prior establishing of cultural and political authority, and thus must be punitive in nature. Even the use of “punitive expeditions” is not instrumental, but rather demonstrative or performative in nature, for if coercive methods are necessary, the authority to use them is arguably absent. War for the Chinese, then, is not justified by the necessity for creating public order, but is in itself a sign of the failure to achieve such an order. This contrasts sharply with the views of the dominant Western thinkers on war, such as Michael Walzer, whose positions insist upon the instrumental necessity of armed force, even to the point of absurdity. The ancient Chinese position suggests that this necessity may be ungrounded. (shrink)

This paper explores Confucius’ views on warfare according to the Gongyang Commentary. Though often overlooked as a source for understanding Confucius’ position on warfare, the Gongyang Commentary is replete with comments and anecdotes on the topic. It articulates a complex set of ethico‐ritual principles pertaining to warfare in which certain kinds of warfare are clearly condoned and praised while others are clearly condemned and criticized. What according to the Gongyang Commentary was the Gentleman's position on warfare? The paper explores this (...) central question through a close reading of anecdotal narratives and selected passages from the Gongyang Commentary and related texts on the subject of warfare. (shrink)

The recent literature on social norms has stressed the centrality of emotions in explaining punishment and norm enforcement. This article discusses four negative emotions (righteous anger, indignation, contempt, and disgust) and examines their relationship to punitive behavior. I argue that righteous anger and indignation are both punitive emotions strictly speaking, but induce punishments of different intensity and have distinct elicitors. Contempt and disgust, for their part, cannot be straightforwardly considered punitive emotions, although they often blend with a (...) colder form of indignation to favor low-cost, indirect, and collective forms of punishment such as mockery, exclusion, and ostracism. (shrink)

These thirteen lectures on the 'punitive society,' delivered at the Collège de France in the first three months of 1973, examine the way in which the relations between justice and truth that govern modern penal law were forged, and question what links them to the emergence of a new punitive regime that still dominates contemporary society. Praise for Foucault's Lectures at the Collège de France Series “Ideas spark off nearly every page...The words may have been spoken in [the (...) 1970s], but they seem as alive and relevant as if they had been written yesterday.”—Bookforum “Foucault is quite central to our sense of where we are...[He] is carrying out, in the noblest way, the promiscuous aim of true culture.”—The Nation “[Foucault] has an alert and sensitive mind that can ignore the familiar surfaces of established intellectual coded and ask new questions...[He] gives dramatic quality to the movement of culture.”—The New York Review of Books. (shrink)

Many philosophers think that punishment is intentionally harmful and that this makes it especially hard to morally justify. Explanations for the latter intuition often say questionable things about the moral significance of the intent to harm. I argue that there’s a better way to explain this intuition.

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)

The 1919 eclipse expedition’s confirmation of general relativity is often celebrated as a triumph of scientific internationalism. However, British scientific opinion during World War I leaned toward the permanent severance of intellectual ties with Germany. That the expedition came to be remembered as a progressive moment of internationalism was largely the result of the efforts of A. S. Eddington. A devout Quaker, Eddington imported into the scientific community the strategies being used by his coreligionists in the national dialogue: (...) humanize the enemy through personal contact and dramatic projects that highlight the value of peace and cooperation. The essay also addresses the common misconception that Eddington’s sympathy for Einstein led him intentionally to misinterpret the expedition’s results. The evidence gives no reason to think that Eddington or his coworkers were anything but rigorous. Eddington’s pacifism is reflected not in manipulated data but in the meaning of the expedition and the way it entered the collective memory as a celebration of international cooperation in the wake of war. Science is above all politics. —Sir Oliver Lodge (1914) Is it not an actual fact that babies have been killed in ways almost inconceivably brutal, and not as a mere individual excess, but as a part of the deliberate and declared policy of the German army? … Is it not a fact that German men of science have gone out of their way to declare their adhesion to these things? —“From an Oxford Note‐Book,” Observatory (1916). (shrink)

The 1919 eclipse expedition’s confirmation of general relativity is often celebrated as a triumph of scientific internationalism. However, British scientific opinion during World War I leaned toward the permanent severance of intellectual ties with Germany. That the expedition came to be remembered as a progressive moment of internationalism was largely the result of the efforts of A. S. Eddington. A devout Quaker, Eddington imported into the scientific community the strategies being used by his coreligionists in the national dialogue: (...) humanize the enemy through personal contact and dramatic projects that highlight the value of peace and cooperation. The essay also addresses the common misconception that Eddington’s sympathy for Einstein led him intentionally to misinterpret the expedition’s results. The evidence gives no reason to think that Eddington or his coworkers were anything but rigorous. Eddington’s pacifism is reflected not in manipulated data but in the meaning of the expedition and the way it entered the collective memory as a celebration of international cooperation in the wake of war. Science is above all politics. —Sir Oliver Lodge (1914) Is it not an actual fact that babies have been killed in ways almost inconceivably brutal, and not as a mere individual excess, but as a part of the deliberate and declared policy of the German army? … Is it not a fact that German men of science have gone out of their way to declare their adhesion to these things? —“From an Oxford Note‐Book,” Observatory (1916). (shrink)

Most punishment theorists seem to accept the following claim: punishment is intended to harm the punishee. A significant minority of punishment theorists reject the claim, though. I defend the claim from objections, focusing mostly on recent objections that haven’t gotten much attention. My objective is to reinforce the already strong case for the intentions claim. I first clarify what advocates of the intentions claim mean by it and state the standard argument for it. Then I critically discuss a wide variety (...) of objections to the claim and to the standard argument for it. (shrink)

On December 20, 2002, the Ohio Supreme Court issued an opinion in Dardinger v. Anthem Blue Cross & Blue Shield granting a landmark punitive damages award against the defendant-insurer for breach of contract and bad faith in its coverage of a cancer patient. The court directed that the punitive damages award of $30 million, should it be accepted by the plaintiff, be apportioned between the plaintiff and a cancer research fund to be established in the name of the (...) plaintiff's deceased wife, Esther Dardinger. In so doing, the court broke new ground in the scope and social purpose of punitive damages in health care litigation, as well as the courts’ role in distributing those damages.After being diagnosed with metastatic brain tumors in October 1996, Esther began intra-arterial chemotherapy treatments at the recommendation of her physician, Dr. Newton. IAC is a targeted form of chemotherapy in which an arterial catheter is threaded through a cranial artery near the tumor and into the brain. (shrink)

On December 20, 2002, the Ohio Supreme Court issued an opinion in Dardinger v. Anthem Blue Cross & Blue Shield granting a landmark punitive damages award against the defendant-insurer for breach of contract and bad faith in its coverage of a cancer patient. The court directed that the punitive damages award of $30 million, should it be accepted by the plaintiff, be apportioned between the plaintiff and a cancer research fund to be established in the name of the (...) plaintiff's deceased wife, Esther Dardinger. In so doing, the court broke new ground in the scope and social purpose of punitive damages in health care litigation, as well as the courts’ role in distributing those damages.After being diagnosed with metastatic brain tumors in October 1996, Esther began intra-arterial chemotherapy treatments at the recommendation of her physician, Dr. Newton. IAC is a targeted form of chemotherapy in which an arterial catheter is threaded through a cranial artery near the tumor and into the brain. (shrink)

The three Ōtani Expeditions (1902–1914) constitute the first non-Western attempt to carry out systematic research in Central Asia. The mastermind behind these Japanese enterprises was Ōtani Kōzui, the 22nd lord-abbot of the Western Honganji temple in Kyoto and the patriarch of the Honpa Honganji denomination of the Jōdo Shinshū sect, which was and remains the largest Buddhist community in Japan. Kōzui’s position as a monk during the period the expeditions were carried out reveals his religious motivation as the planner and (...) sponsor of these research trips. Inspired by the 7th century traveler-monk Xuanzang, the main purpose of the Ōtani Expeditions was therefore to find the routes through which Buddhism had passed before reaching Japan. This is what makes them unique when compared with other exploration missions. (shrink)

The three Ōtani Expeditions (1902–1914) constitute the first non-Western attempt to carry out systematic research in Central Asia. The mastermind behind these Japanese enterprises was Ōtani Kōzui, the 22nd lord-abbot of the Western Honganji temple in Kyoto and the patriarch of the Honpa Honganji denomination of the Jōdo Shinshū sect, which was and remains the largest Buddhist community in Japan. Kōzui’s position as a monk during the period the expeditions were carried out reveals his religious motivation as the planner and (...) sponsor of these research trips. Inspired by the 7th century traveler-monk Xuanzang, the main purpose of the Ōtani Expeditions was therefore to find the routes through which Buddhism had passed before reaching Japan. This is what makes them unique when compared with other exploration missions. (shrink)

The use of punitive torture was practiced historically and has hardly been purged from our current practices. Fairly little attention has been paid to its justification, perhaps because many theorists of punishment have thought it so obviously unjust. But there is a fairly straightforward retributivist argument that punitive torture is sometimes morally justified: roughly, punitive torture is proportionate to the wrongdoing of some malefactors, such that, in the absence of overriding reasons, torturing them as punishment for their (...) wrongdoing is morally justified. However, Barry contends that the retributivist should strongly suspect that there will always be overriding reasons that defeat retributivist reasons that would otherwise justify punitive torture. And if even retributivism cannot justify punitive torture, it is doubtful that any justification is forthcoming. (shrink)

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on (...) the influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

The Expeditions: An Early Biography of Muḥammad by Maʿmar Ibn Rāshid according to the Recension of ʿAbd al-Razzāq al-Ṣanʿānī. Edited and translated by Sean W. Anthony. Library of Arabic Literature. New York: New York University Press, 2014. Pp. xlv + 372. $35.

While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. (...) class='Hi'>Punitive damages are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. (...) class='Hi'>Punitive damages are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

In order to address whether states can ever have the proper authority to militarily punish other international agents, I examine three attempts to justify punitive warfare from Augustine, Grotius and Locke for their relevance to both our contemporary international legal and political order and our contemporary security threats from sporadic terrorist or militant violence. Once a plausible model for a state’s valid authority to punish international agents is found, I will consider what punitive aims it can support and (...) what challenges such punitive warfare would have in satisfying the remaining jus ad bellum conditions. (shrink)

Criminal justice policy faces the twin challenges of improving our crime reduction efforts while increasing public confidence. These challenges are exacerbated by the fact that at least some measur...

This article responds to Jeffrey Perl's argument that, while there is a “paradigm shift” at Ise every twenty years, when the enshrined deity Amaterasu “shifts” from the current site to an adjacent one during the rite of shikinen sengū, the Jingū paradigm itself never changes and never ages. The author confirms Perl's conclusion by examining the politicized scholarship, written since the 1970s, maintaining that Shinto is a faux religion, invented prior to World War II as a means of unifying Japan (...) behind government policies of ultranationalism and international expansion. This article shows, instead, how emperors—who are not political but religious figures in Japan—and the Jingū priesthood have acted together over the past thirteen hundred years to sustain the imperial shrine at Ise and its ancient rites. The so-called Meiji Restoration actually continued an imperial policy of restoring and intensifying the observance of Shinto rituals that were threatened by neglect. Meiji intervened personally in 1889 to ensure the continuity of hikyoku, an unvoiced and secret serenade to Amaterasu, by extending its venue from the imperial palace shrine to performance at Jingū as well. The author's archival and ethnographic research at Ise and in the National Archives shows how the arguments that Shinto is a modern invention are punitive rather than dispassionately historical. (shrink)

This article responds to Jeffrey Perl’s argument that, while there is a “paradigm shift” at Ise every twenty years, when the enshrined deity Amaterasu “shifts” from the current site to an adjacent one during the rite of shikinen sengū, the Jingū paradigm itself never changes and never ages. The author confirms Perl’s conclusion by examining the politicized scholarship, written since the 1970s, maintaining that Shinto is a faux religion invented prior to World War II as a means of unifying Japan (...) behind government policies of ultranationalism and international expansion. This article shows, instead, how emperors—who are not political but religious figures in Japan—and the Jingū priesthood have acted together over the past thirteen hundred years to sustain the imperial shrine at Ise and its ancient rites. The so-called Meiji Restoration actually continued an imperial policy of restoring and intensifying the observance of Shinto rituals that were threatened by neglect. Meiji intervened personally in 1889 to ensure the continuity of hikyoku, an unvoiced and secret serenade to Amaterasu, by extending its venue from the imperial palace shrine to performance at Jingū as well. The author’s archival and ethnographic research at Ise and the National Archives shows how the arguments that Shinto is a modern invention are punitive rather than dispassionately historical. (shrink)

Seafaring Expeditions to Punt in the Middle Kingdom: Excavations at Mersa/Wadi Gawasis, Egypt. By Kathryn A. Bard and Rodolfo Fattovich. Culture and History of the Ancient Near East, vol. 96. Leiden: Brill, 2018. Pp. xvi + 233. $156.

[W]e remark three classes of men. The first consists of those for whom the chief thing is the qualities of feelings. These men create art. The second consists of the practical men, who carry on the business of the world. They respect nothing but power, and respect power only so far as it [is] exercized. The third class consists of men to whom nothing seems great but reason. … For men of the first class, nature is a picture; for men (...) of the second class, it is an opportunity; for men of the third class, it is a cosmos, so admirable, that to penetrate to its ways seems to them the only thing that makes life worth living.Peirce was one of those very few "to whom nothing seems great but reason," always striving to... (shrink)

Recent empirical work has shown that many scientific results may not be reproducible. By itself, this does not entail that there is a problem. However, I argue that there is a problem: the reward structure of science incentivizes scientists to focus on speed and impact at the expense of the reproducibility of their work. I illustrate this using a well-known failure of reproducibility: Fleischmann and Pons' work on cold fusion. I then use a rational choice model to identify a set (...) of sufficient conditions for this problem to arise, and I argue that these conditions plausibly apply to a wide range of research situations. In the conclusion I consider possible solutions and implications for how Fleischmann and Pons' work should be evaluated. (shrink)

In this narrative, we explore the story of Ananias and Sapphira from the book of Acts in the Christian scriptures. We examine the story in the light of a recent book by Dominic Johnson, God Is Watching You, and other related research. The idea of a punitive God and/or the belief in a punitive God may have significant effects on group functioning. The troubling story of Ananias and Sapphira may be seen as a central cog in the cooperative (...) coming together of what became the Christian Church. In our modern world, a punitive God is an idea we seek to avoid but it may be the one that is essential for a peaceful cooperative world. (shrink)

"L’organisation d’une pénalité d’enfermement n’est pas simplement récente, elle est énigmatique. Qu’est-ce qui pénètre dans la prison? En tout cas, pas la loi. Que fabrique-t-elle? Une communauté d’ennemis intérieurs". C’est en ces termes que Michel Foucault dénonce, dans ce cours prononcé en 1973, et que viendra compléter, en 1975, son ouvrage Surveiller et punir, le "cercle carcéral". La Société punitive étudie ainsi comment les sociétés traitent les individus ou les groupes dont elles souhaitent se débarrasser, c’est-à-dire les tactiques punitives, (...) mais aussi la prise de pouvoir sur le corps et sur le temps et l’instauration du couple pénalité-délinquance. Michel Foucault retrace l'histoire des "tactiques fines de la sanction" dont il distingue quatre modalités : exiler ; imposer un rachat ; marquer ; enfermer. C'est dans la seconde moitié du XVIIIe siècle que se développe une "science des prisons" à fonction corrective et que se construit un discours sur le criminel et son traitement possible, donnant naissance à un schéma de société qui vise à l’absolu du contrôle et de la surveillance. L’ajustement entre le système judiciaire et le mécanisme de surveillance (l’organisation d’une police), entre l’émergence de la richesse et la pratique des illégalismes, entre la force corporelle de l’ouvrier et l’appareil de production s’accomplit ensuite au tournant du XIXe siècle. Foucault démontre donc que ce sont les instances de contrôle para-pénal du XVIIe et du XVIIIe siècle qui ont abouti, in fine, au fonctionnement de la prison, visant à l’élimination du désordre, au contrôle de la distribution spatiale des individus, de leur emplacement par rapport à l’appareil productif. La Société punitive finit par poser la question, cruciale aux yeux du philosophe, de la validité intrinsèque de la loi pénale. A-t-elle vocation universelle ou se limite-t-elle à la douteuse applicabilité d’une somme de décrets? (shrink)

Since the last war, one character of the political system in Belgium is the growth and the duration of the ministerial crisis. Some questions of public law appeared. How is it possible to maintain the continuity of the political and administrative action, without ministerial responsibility to Parliament, during the crisis? The Belgian Conseil d'Etat contributed, by the notion of the «affaires courantes», sort of general principle of public law, to give a solution to this problem.