Duress is a defense in both law and morality. The bank teller who provides an armed robber with the bank vault combination, the innocent suspect who fabricates a story after hours of interrogation, the Good Samaritan who breaks into a private cabin in the woods to save a stranded hiker, and the father who drives at high speed to rush his injured child to the hospital—in deciding how to respond to agents like these, we should take into account that they (...) have acted under duress. In this paper, I offer a new duress defense, which I call “distinctive duress.” The distinctive-duress defense is neither ordinary justification nor ordinary excuse. Rather, it is a defense available to agents who act wrongly because they are appropriately insensitive to certain reasons. In the distinctive-duress cases, an agent’s normative sensitivities are rightly directed elsewhere, leading them awry. (shrink)

In deciding whether to forgive, we often focus on the wrongdoer, looking for an apology or a change of ways. However, to fully consider whether to forgive, we need to expand our focus from the wrongdoer and their wrongdoing, and we need to consider who we are, what we care about, and what we want to care about. The difference between blame and forgiveness is, at bottom, a difference in priorities. When we blame, we prioritize the wrong, and when we (...) forgive, we shift our priorities away from the wrong. Recognizing this essential role for priorities in forgiveness allows us to address a thorny puzzle in thinking about forgiveness: how is it that forgiveness can be both principled and elective? If there is sufficient reason to forgive, as will sometimes be the case because forgiveness is principled, how can it be reasonable to withhold forgiveness? Recognizing that forgiveness is a shift in our priorities dissolves this apparent tension between forgiveness being principled and forgiveness being elective. (shrink)

The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.

For many philosophers, bad-history wrongdoers are primarily interesting because of what their cases might tell us about the interaction of moral responsibility and history. However, philosophers focusing on blameworthiness have overlooked important questions about blame itself. These bad-history cases are complicated because blame and sympathy are both fitting. When we are careful to consider the rich natures of those two reactions, we see that they conflict in several important ways. We should see bad-history cases as cases about whether and how (...) we should blame, rather than as cases giving us ready insight into the nature of moral responsibility. (shrink)

Drunk drivers and other culpably incapacitated wrongdoers are often taken to pose a problem for reasons-responsiveness accounts of moral responsibility. These accounts predicate moral responsibility upon an agent having the capacities to perceive and act upon moral reasons, and the culpably incapacitated wrongdoers lack exactly those capacities at the time of their wrongdoing. Many reasons-responsiveness advocates thus expand their account of responsibility to include a tracing condition: The culpably incapacitated wrongdoer is blameworthy despite his incapacitation precisely because he is responsible (...) for becoming incapacitated. As some skeptics have suggested, it is not clear that we need tracing. Here, however, I make a stronger case against tracing: I show that tracing gets things wrong. I consider a new sort of case, the case of the Odysseus agent, whose incapacitation is non-culpable (sometimes merely permissible and sometimes praiseworthy). Tracing would have us hold responsible and therefore blame unlucky Odysseus agents, Odysseus agents who commit a wrongdoing in the throes of their non-culpably induced incapacitation. But we should not hold these unlucky Odysseus agents responsible for their incapacitated wrongdoing. Because tracing gets these cases wrong, we should reject tracing. (shrink)

Many of those memorialized around us in statues are wrongdoers, and so we are often called to consider whether we should take down those statues. Some of those statutes are memorialized for reasons now taken to be wrong; others are memorialized not for but rather despite their wrongdoing. How should we consider those latter cases? One tempting analysis suggests that we need only consider whether the wrongdoing was sufficiently transgressive. In this article, however, I reject that constrained focus. Instead, these (...) cases have as much to do with us, our priorities, and what those priorities should be as they have to do with the particulars of the lives of the subjects of the statues. Recognizing the central role that our priorities play in blame and condemnation better captures the contours of the debate about statue removal than any categorical rule about types of wrongs. (shrink)

We can enrich the explanation of how we should treat kid wrongdoers by recognizing that it matters who does the blaming and punishing. That we should think about who does the blaming and punishing is perhaps unsurprising, but it is nonetheless often underappreciated. Here, I offer two lessons about blame and punishment by thinking about who judges kids. First, the right account of moral and legal responsibility should allow that kids may rightly blame each other, and I argue that we (...) can best accommodate this by relativizing the threshold of competence needed for responsibility. Second, although each kid is an individual and, as a result, the implications of immaturity vary signifi- cantly from kid to kid, we should give kids a break as kids, that is, based on our categorizing them as kids. That we should and do categorize in that way reflects the nature of the criminal justice system as an institution and the nature of us as social beings. (shrink)

Over the past few decades, “Big Tobacco” has spread its tentacles across the developing world with devastating results. The global incidence of smoking has increased exponentially in Africa, Asia and South America and it is leading to an equally rapid increase in the incidence of smoking-induced morbidity and mortality on these continents. The World Health Organization (WHO) has tried to respond to this crisis by devising a set of regulations to limit the spread of smoking, and many countries have bound (...) themselves to follow the WHO’s guidelines. This article provides an overview of these regulatory measures and the authors attempt to defend them from the perspective of liberty and autonomy. Their motivation is to countermand any attempt by the tobacco industry to attack the regulations on the grounds that they infringe the liberty rights of producers and consumers. It is also argued, however, that a blanket ban of the production, sale and consumption of tobacco cannot be justified on the grounds of autonomy alone. (shrink)

I defend and revise the systematic account of normative functions (teleofunctions), as recently developed by Gerhard Schlosser and by W. D. Christensen and M. H. Bickhard. This account proposes that teleofunctions are had by structures that play certain kinds of roles in complex systems. This theory is an alternative to the historical etiological account of teleofunctions, developed by Ruth Millikan and others. The historical etiological account is susceptible to a general ontological problem that has been under-appreciated, and that offers important (...) reasons to adopt the systematic account. However, the systematic account must be revised to allow for two distinct kinds of teleofunctions in order to avoid another ontological problem. (shrink)

In this outstanding reinterpretation - and extension - of the Critical Theory tradition, Craig Calhoun surveys the origins, fortunes and prospects of this most influential of theoretical approaches. Moving with ease from the early Frankfurt School to Habermas, to contemporary debates over postmodernism, feminism and nationalism, Calhoun breathes new life into Critical Social Theory, showing how it can learn from the past and contribute to the future.

This is the table of contents and first chapter of Physics Meets Philosophy at the Planck Scale (Cambridge University Press, 2001), edited by Craig Callender and Nick Huggett. The chapter discusses the question of why there should be a theory of quantum gravity. We tackle arguments that purport to show that the gravitational field *must* be quantized. We then introduce various programs in quantum gravity and discuss areas where quantum gravity and philosophy seem to have something to say to (...) each other. (shrink)

This chapter unfolds a central philosophical problem of statistical mechanics. This problem lies in a clash between the Static Probabilities offered by statistical mechanics and the Dynamic Probabilities provided by classical or quantum mechanics. The chapter looks at the Boltzmann and Gibbs approaches in statistical mechanics and construes some of the great controversies in the field — for instance the Reversibility Paradox — as instances of this conflict. It furthermore argues that a response to this conflict is a critical choice (...) that shapes one's understanding of statistical mechanics itself, namely, whether it is to be conceived as a special or fundamental science. The chapter details some of the pitfalls of the latter ‘globalist’ position and seeks defensible ground for a kind of ‘localist’ alternative. (shrink)

To the surprise of many readers, Jürgen Habermas has recently made religion a major theme of his work. Emphasizing both religion's prominence in the contemporary public sphere and its potential contributions to critical thought, Habermas's engagement with religion has been controversial and exciting, putting much of his own work in fresh perspective and engaging key themes in philosophy, politics and social theory. Habermas argues that the once widely accepted hypothesis of progressive secularization fails to account for the multiple trajectories of (...) modernization in the contemporary world. He calls attention to the contemporary significance of "postmetaphysical" thought and "postsecular" consciousness - even in Western societies that have embraced a rationalistic understanding of public reason. Edited by Craig Calhoun, Eduardo Mendieta, and Jonathan VanAntwerpen, _Habermas and Religion_ presents a series of original and sustained engagements with Habermas's writing on religion in the public sphere, featuring new work and critical reflections from leading philosophers, social and political theorists, and anthropologists. Contributors to the volume respond both to Habermas's ambitious and well-developed philosophical project and to his most recent work on religion. The book closes with an extended response from Habermas - itself a major statement from one of today's most important thinkers. (shrink)

Most of us would want to say that it is true that Socrates taught Plato. According to realists about past facts,1 this is made true by the fact that there is, located in the past, i.e., earlier than now, at least one real event that is the teaching of Plato by Socrates. Presentists, however, in denying that past events and facts exist2 cannot appeal to such facts to make their past-tensed statements true. So what is a presentist to do?

In a classical mechanical world, the fundamental laws of nature are reversible. The laws of nature treat the past and future as mirror images of each other. Temporally asymmetric phenomena are ultimately said to arise from initial conditions. But are the laws of nature also reversible in a quantum world? This paper argues that they are not, that time in a quantum world prefers a particular 'hand' or ordering. I argue, first, that the probabilistic algorithm used in the theory picks (...) out a preferred direction of time for almost all interpretations of the theory, and second, that contrary to the received wisdom the Schr?dinger evolution is also irreversible. The status of Wigner reversal invariance is then discussed. I conclude that the quantum world is fundamentally irreversible, but manages to appear (thanks to Wigner reversal invariance) reversible at the classical level. (shrink)

Universities have flourished in the modern era as central public institutions and bases for critical thought. They are currently challenged by a variety of social forces and undergoing a deep transformation in both their internal structure and their relationship to the rest of society. Critical theorists need to assess this both in order to grasp adequately the social conditions of their own work and because the transformation of universities is central to a more general intensification of social inequality, privatization of (...) public institutions, and reorganization of the relation of access to knowledge. This is also a pivotal instance for asking basic questions about the senses in which the university is or may be ‘public’: (1) where does its money come from? (2) who governs? (3) who benefits? and (4) how is knowledge produced and circulated? (shrink)

What grounds the standard claim that classical mechanics is time-reversal invariant? Hutchison (1993, 1995) challenges the conventional reasoning underlying the belief that classical mechanics is time reversal invariant and argues that it is not in any well-defined sense. I find a defensible criterion that will exclude his cases, thereby rescuing a sense in which we can say that classical mechanics is time reversal invariant.

Some have thought that the process of the expansion of the universe can be used to define an absolute ‘cosmic time’ which then serves as the absolute time required by tensed theories of time. Indeed, this is the very reason why many tense theorists are happy to concede that special relativity is incompatible with the tense thesis, because they think that general relativity, which trumps special relativity, and on which modern cosmology rests, supplies the means of defining temporal becoming using (...) cosmic time. I argue that cosmic time is not up to the task, and that these tense theorists should rethink their strategy in dealing with the theories of relativity. Introduction The Mellor-Rees argument against tense theories Can expansion combat such wrinkles? Event and creation horizons Bursting the balloon. (shrink)

The view that organisms deserve moral respect because they have their own purposes is often grounded in a specification of the biological functions that the organism has. One way to identify such functions, adopted by Gary Varner, is to determine the etiology of some behavior based on the evolution of the structures enabling it. This view suffers from some unacceptable problems, including that some organisms with profound defects will by definition have a welfare interest in their defects. For example, this (...) view entails that the patented oncomice, intentionally engineered and bred for a genetic defect that leads to extremely high incidence of cancer, would have a welfare interest in the development of tumors. The systems-based theory of biological functions, which refers not to the evolution of structures but rather to their role in the organism, escapes these problems, and shows how a theory of an organism’s welfare interest in its purposes can be grounded in a sound naturalistic approach. This approach also has some fruitful corollaries, including an elegant theory of why species may require special moral regard. (shrink)

A realist causal model of quantum cosmology (QC) is developed. By applying the de Broglie-Bohm interpretation of quantum mechanics to QC, we resolve the notorious 'problem of time' in QC, and derive exact equations of motion for cosmological dynamical variables. Due to this success, it is argued that if the situation in QC is used as a yardstick by which other interpretations are measured, the de Broglie-Bohm theory seems uniquely fit as an interpretation of quantum mechanics.

Canon is a concept from aesthetics that has become a regular subject of commonplace discussions. The nature of canon, especially as it is used in these commonplace discussions, has not been subject to adequate philosophical scrutiny. We attempt to remedy that by placing canon in its historical and philosophical context, exploring and rejecting several common accounts, and presenting some basics of how canon works. We reject the accounts that place control with the author or the legal property holder, which appear (...) to be the most commonly held accounts. (shrink)

Faced with a minimally participatory democracy, a variety of populists have sought to revitalize popular political participation by strengthening local community mobilizations. Others have called for reliance on frequent referenda. Assessing the limits of these proposals requires theoretical attention to two key issues. The first is the growing importance of very large scale patterns of societal integration which depend on indirect social relationships achieved through communications media, markets and bureaucracies. This split of system world from lifeworld, in Habermas's terms, poses (...) a challenge to democratic theories which assume that the lessons of local social life and political participation are directly translatable into the necessary knowledge for state level (let alone international) activity. Secondly, changes in patterns of community formation and communications media have transformed the basis for democracy. In particular, socio-spatial segmentation by life-style choice, market position and other factors limits direct relationships increasingly to similar individuals. Mass media become increasingly predominant sources of information about people different from oneself, and indirect social relationships form the structural basis for the social integration of most politics. The present paper revised and adapts Habermas's conceptualization of system world and lifeworld in order to address the transformation of patterns of societal integration. This forms the basis for a critical analysis of the implications of changing community form and especially communications media for populist political proposals. (shrink)

This paper assesses the extent to which the category of hope assists in preserving and redefining the vestiges of utopian thought in critical social theory. Hope has never had a systematic position among the categories of critical social theory, although it has sometimes acquired considerable prominence. It will be argued that the current philosophical and everyday interest in social hope can be traced to the limited capacity of liberal conceptions of freedom to articulate a vision of social transformation apposite to (...) contemporary suffering and indignity. The background to these experiences is the structural changes associated with the injustices of globalisation, the mobilisation of the capitalist imaginary and the uncertainties of the risk society. The category of hope could assist in sustaining the utopianism of critical theory through conjoining normative principles with a temporal orientation. Yet, the paradoxes of the current phase of capitalist modernisation have further denuded notions of progress. Since the theological background to the category of hope constitutes a major limitation, the utopian orientation of critique is clarified in relation to the antinomies of the turn to social hope and the potential of Habermas' discourse theory of democracy, law and morality. Despite Castoriadis' profound critique of the category of hope, its present usage in social analyses will be seen to have affinities with Honneth's conception of the struggle for recognition. (shrink)

Advocates of the Everett interpretation of quantum mechanics have long claimed that other interpretations needlessly invoke "new physics" to solve the measurement problem. Call the argument fashioned that gives voice to this claim the Redundancy Argument, or ’Redundancy’ for short. Originating right in Everett’s doctoral thesis, Redundancy has recently enjoyed much attention, having been advanced and developed by a number of commentators, as well as criticized by a few others.[1] Although versions of this argument can target collapse theories of quantum (...) mechanics, it is usually conceived with no-collapse "hidden variable" interpretations in mind, e.g., modal and Bohmian interpretations. In particular, the argument is an attack against theories committed to both realism about the quantum state and realism about entities – what Bell 1987 calls "beables" – that supplement this state. Particles, fields, value states, and more have been suggested as possible ontology to supplement the quantum state. Redundancy is the argument that this supplementation is methodologically otiose, the superfluous pomp that Newton scorned. (shrink)

Includes bibliographical references (p. ) and index.

Jaakko Nevasto has offered a number of thoughtful criticisms of our attempt to show that Adorno’s work can fruitfully be brought to bear on topics in business ethics. After welcoming his constructive clarifications, we attempt to defuse Nevasto’s main objections and defend our application of Adorno, focusing in particular on the topics of moral epistemology, needs, and the possibility of genuine activity – and thus good work – within capitalist society.

While the plea of duress is generally accepted as a defense against criminal prosecution, the reasons why it exonerates are subject to dispute and disagreement. Duress is not easily recognizable as either an excusing or justifying condition. Additionally, duress is generally not permitted as a defense against criminal homicide, though some American jurisdictions allow the defense in felony-murder cases. In this paper, I present an argument for how and why the presence of duress can defeat a finding of criminal responsibility. (...) This is intended to establish the philosophical foundation for the legal acceptability of the duress defense, even though I conclude that the defense does not qualify as either an excuse or a justification. I also argue that the duress defense should be allowed in cases of homicide. (shrink)

Arthur Prior states that ‘It will be/was/is that p’ is true iff ‘p’ will be/was/is true, and that is all that needs to be said about the matter. This appears to avoid any need to invoke the existence of non-present entities and accounts for tensed truths with very little ontological cost. However, as David Lewis notes, this version of presentism gives the wrong results when applied to numerically quantified tensed propositions. I show how presentism can accommodate numerical quantification by introducing (...) a more appropriate tense operator. Further, I argue that it is implausible to think that we can have a primitive understanding of it; the correct semantics involves quantification over past and future times. I go on to show what kind of ontology can complement this semantic story, whilst remaining presentist in nature. (shrink)

Suppose we thought of free inquiry as a social matter, a public good. We might ask not only whether individual scholars are free from illegitimate, especially external, censorship or attempts to control their work. We might ask also how much the university as an institution contributes to overall freedom of inquiry. To answer the second question would require assessing how well universities educate students to be participants in free inquiry, how well researchers communicate their work to raise the quality of (...) public discourse, and whether the results of scientific inquiry are made freely available to advance further inquiry or controlled as private property. It would require asking whether the specific structures and practices through which we organize academic work - from disciplinary departments to evaluation procedures to publication systems - do more to facilitate or obstruct free inquiry. This article will fall short of answering all these questions, but I hope it will put them on the agenda. I present them in the context of two successive transformations - the late 19th century reorganization of universities by disciplines devoted to the production of new knowledge and the dramatic 20th increase in scale and cost which challenged the internal integration of universities. These shifted the constraints and conditions under which students and faculty could take up the project of free inquiry. Appreciating the impact of these transformations is also basic to projects of renewing the university and free inquiry today. (shrink)

Some fictions seem to involve branching time, where one time series ‘splits’ into two or two time series ‘fuse’ into one. We provide a new framework for thinking about these fictional representations: not as representations of branching time series but rather as branching representations of linear time series. We explain how branching at the level of the representation creates a false impression that the story describes a branching of the time series in the fictional world itself. This involves explaining away (...) the illusion of various causal connections which may at first appear essential to understanding the story as a unified whole. This provides a more accurate account of the relationship between the representation and what is represented, which in turn reveals the extent to which it is legitimate to draw conclusions about actual time from fictional representations. (shrink)