This paper raises four queries about Simester’s defective engagement with reason account of culpability found in his Fundamentals of Criminal Law: (1) the characterisation of the account in terms of moral ‘vices’; (2) the basis for identifying a vice as a ‘moral’ vice; (3) what is involved in an agent manifesting ‘insufficient care and concern’ for the interests of others; and (4) whether the account is an account of culpability generally, or is instead an account of criminal culpability, i.e., the (...) type of culpability necessary for criminal conviction. (shrink)

This article discusses the nature of persuasive authorities in the common law, and argues that many of them are best understood in terms of their (being regarded) as having theoretical rather than practical authorities for the courts that cite them. The contrast between theoretical and practical authority is examined at length in order to support the view that the treatment of many persuasive authorities by courts is more consistent with this view. Finally, it is argued that if persuasive authorities are (...) best understood as theoretical authorities, this raises difficulties for both positivistic and interpretivist theories of law. (shrink)

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

This chapter contains sections titled: Coercion Law References.

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

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

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

Precedent is a central feature of legal practice, requiring courts to follow decisions reached in earlier cases, thereby transforming the decisions in individual cases into a source of law. This article examines two major questions associated with precedent: (a) how to characterise the way that precedent operates as a source of law; and (b) how to justify the requirement that courts follow earlier decisions regardless of the merits of those decisions. Precedents are often thought to create general legal rules, but (...) it is controversial whether this is the best way to understand their role in legal reasoning. Equally, it is unclear that the most common justifications for precedent unequivocally vindicate the practice. (shrink)

I defend one way of solving the Impermissibility Problem—that is, the problem that on moralized approaches to coercion, coerciveness and permissibility are mutually exclusive. This brings up intuitive difficulties for cases such as taxation, which seem to be both coercive and permissible. I gloss three popular theories of coercion—the moralized baseline, nonmoralized baseline, and enforcement approaches—and conclude that only the nonmoralized baseline approach clearly solves the problem. However, Robert Nozick’s famous “slave case” raises another serious issue for the nonmoralized baseline (...) approach. So, in order to solve both the slave case and the Impermissibility Problem, I draw on Grant Lamond’s discussion of the coerciveness of law to propose the pro tanto wrong approach. On this approach, coercion is not impermissible simpliciter, but requires some sort of special justification. The pro tanto wrong approach is moralized, but on it, moralization comes in coercion’s need for justification, not in whether it is, in fact, justified. Thus impermissibility is neither necessary nor sufficient for coerciveness, and the Impermissibility Problem is avoided. I conclude that solving the problem in this way is desirable because it preserves a core belief of liberalism: certain acts, including taxation, may be both coercive and permissible. (shrink)

Proponents of strict rule-based theories of judicial reasoning in common-law systems have offered a number of criticisms of analogical alternatives. I explain these criticisms and show that at best they apply equally well to rule-based theories. Further, I show how the analogical theories explain a feature of judicial common-law reasoningthat rule-based theories ignore. Finally, I show that reason-based, analogical theories of common-law judicial reasoning, such as those offered by John Horty and Grant Lamond, offer especially strong rejoinders to (...) the rule-theorist objections and persuasive accounts of distinguishing. (shrink)

This paper describes one way in which a precise reason model of precedent could be developed, based on Grant Lamond’s general idea that a later court is constrained to reach a decision that is consistent an earlier court’s assessment of the balance of reasons. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be (...) defeasible. (shrink)

More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. (...) Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey. (shrink)

This paper examines the ethics of the Australian business community’s responses to the phenomenon of modern slavery. Engaging a critical discourse approach, we draw upon a data set of submissions by businesses and business representatives to the Australian government’s Joint Standing Committee on Foreign Affairs, Defence and Trade ‘Parliamentary Inquiry into Establishing a Modern Slavery Act in Australia’—which preceded the signing into law of Australia’s Modern Slavery Act 2018—to examine the business community’s discursive construction in their submissions of the ethical–political (...) concept of freedom. The paper shows how the concept of freedom was employed by Australian business in a manner that privileged their own subject status and advocated for legislation with minimal burden. Relating this contemporary case to a longer historical context, we show how Australian business responses towards modern slavery map onto liberal and neoliberal ethics in which the freedom of the propertied takes precedent over that of the property-less. Further, we show discursive similarities in the arguments presented by modern Australian businesses and certain historical efforts by members of the business community to privilege commercial freedoms in responses to 18th and 19th Century abolitionist movements. Overall, our research makes two important contributions: first, it highlights the value of a critical discourse lens in business ethics research to show how business and other stakeholders in the field construct and shape their own and other’s ethically-laden understanding of reality; and second, it presents a case for considerable scepticism about the motivation of business to employ the freedoms made available to it under neo/liberal discourse to confront a key human rights challenge. (shrink)

In multicellular organisms, cells are frequently programmed to die. This makes good sense: cells that fail to, or are no longer playing important roles are eliminated. From the cell’s perspective, this also makes sense, since somatic cells in multicellular organisms require the cooperation of clonal relatives. In unicellular organisms, however, programmed cell death poses a difficult and unresolved evolutionary problem. The empirical evidence for PCD in diverse microbial taxa has spurred debates about what precisely PCD means in the case of (...) unicellular organisms. In this article, we survey the concepts of PCD in the literature and the selective pressures associated with its evolution. We show that definitions of PCD have been almost entirely mechanistic and fail to separate questions concerning what PCD fundamentally is from questions about the kinds of mechanisms that realize PCD. We conclude that an evolutionary definition is best able to distinguish PCD from closely related phenomena. Specifically, we define “true” PCD as an adaptation for death triggered by abiotic or biotic environmental stresses. True PCD is thus not only an evolutionary product but must also have been a target of selection. Apparent PCD resulting from pleiotropy, genetic drift, or trade-offs is not true PCD. We call this “ersatz PCD.”. (shrink)

Organismal death is foundational to the evolution of life, and many biological concepts such as natural selection and life history strategy are so fashioned only because individuals are mortal. Organisms, irrespective of their organization, are composed of basic functional units—cells—and it is our understanding of cell death that lies at the heart of most general explanatory frameworks for organismal mortality. Cell death can be exogenous, arising from transmissible diseases, predation, or other misfortunes, but there are also endogenous forms of death (...) that are sometimes the result of adaptive evolution. These endogenous forms of death—often labeled programmed cell death, PCD—originated in the earliest cells and are maintained across the tree of life. Here, we consider two problematic issues related to PCD (and cell mortality generally). First, we trace the original discoveries of cell death from the nineteenth century and place current conceptions of PCD in their historical context. Revisions of our understanding of PCD demand a reassessment of its origin. Our second aim is thus to structure the proposed origin explanations of PCD into coherent arguments. In our analysis we argue for the evolutionary concept of PCD and the viral defense-immunity hypothesis for the origin of PCD. We suggest that this framework offers a plausible account of PCD early in the history of life, and also provides an epistemic basis for the future development of a general evolutionary account of mortality. (shrink)

Are hierarchical arrangements in the workplace, including the employer-employee relationship, consistent with the ideal of relating to one another as moral equals? With this question at its core, this volume of essays by leading moral and political philosophers explores ideas about justice in the workplace, contributing to both political philosophy and business ethics. Relational egalitarians propose that the ideal of equality is primarily an ideal of social relationships and view the equality of social relationships as having priority over the distributive (...) arrangements. Yet contemporary workplaces are characterized by hierarchical employer-employee relationships. The essays push discussions of the relational egalitarian tradition in new directions, helping to show its promise and its limits. They address pressing concerns at a time of widening inequality and rapid changes in the nature of work. (shrink)

Claims that our species is an “evolutionary success” typically do not feature prominently in academic articles. However, they do seem to be a recurring trope in science popularization. Why do we seem to be attracted to viewing human evolution through the lense of “success”? In this chapter we discuss how evolutionary success has both causal-descriptive and ethical-normative components, and how its ethical status is ambiguous, with possible hints of anthropocentrism. We also place the concept of “success” in a wider context (...) of biological thought, contrasting it with two other value-laden concepts: evolutionary progress and human uniqueness. Claiming the human species to be an evolutionary success is ostensibly grounded in metrics such as the dominance or the size of the human population, but often goes beyond this, suggesting that humans are a unique species or the pinnacle of evolutionary progress. (shrink)

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

The primary objective of this study is to provide a description of the major ideas about void space within and beyond the world that were formulated between the fourteenth and early eighteenth centuries. The second part of the book - on infinite, extracosmic void space - is of special significance. The significance of Professor Grant's account is twofold: it provides the first comprehensive and detailed description of the scholastic Aristotelian arguments for and against the existence of void space; and (...) it presents (again for the first time) an analysis of the possible influence of scholastic ideas and arguments on the interpretations of space proposed by the nonscholastic authors who made the Scientific Revolution possible. The concluding chapter of the book is unique in not only describing the conceptualizations of space proposed by the makers of the Scientific Revolution, but in assessing the role of readily available scholastic ideas on the conception of space adopted for the Newtonian world. (shrink)

Idealism is philosophy on a grand scale, combining micro and macroscopic problems into systematic accounts of everything from the nature of the universe to the particulars of human feeling. In consequence, it offers perspectives on everything from the natural to the social sciences, from ecology to critical theory. Heavily criticised by the dominant philosophies of the 20th Century, Idealism is now being reconsidered as a rich and untapped resource for contemporary philosophical arguments and concepts. This volume provides a comprehensive portrait (...) of the major arguments and philosophers in the Idealist tradition. The book demonstrates how Idealist philosophy provides a fruitful way of understanding contemporary issues in metaphysics, the philosophy of science, political philosophy, scientific theory and critical social theory. (shrink)

Social relations are predominantly influenced by an exchange paradigm whereby the logic of reciprocity shapes behaviour. If the notion of exchange instrumentalism is common across different business disciplines, this does not deny attempts – such as through gift exchange theory – to present different conceptions of traditional exchange-based relations. Gift exchange theory appears promising as it seeks to establish more meaning and significance to the nature and context of exchange relations between human actors or parties. The underlying processes may be (...) different for gift exchange and more traditional economic-based exchanges, but the general outcome remains the same – the obligation of reciprocity between actors. In this article, we develop an alternative conception of social and business experience that transcends the dominant logic of exchange: the existential gift. Firmly embedded in the idea of giving for its own sake, the existential gift suggests that for some individuals the expectations of reciprocity are neither sought nor established. Generosity that is expressed in both tangible and intangible ways need not depend on the response of intended receivers or recipients to precipitate future acts of giving. Based on the logic of unconditionality, the existential gift provides human actors with greater freedom in their choices and relationships. It may well be that this freedom, in turn, creates a new ‘ethic of generosity’ whereby significant progress can be made towards developing more human models and practices in business. (shrink)

The particular design of any technology may have profound social implications. Computing technologies are deeply intermeshed with the activities of daily life, playing an ever more central role in how we work, learn, communicate, socialize, and participate in government. Despite the many ways they have improved life, they cannot be regarded as unambiguously beneficial or even value-neutral. Recent experience shows they can lead to unintended but harmful consequences. Some technologies are thought to threaten democracy through the spread of propaganda on (...) online social networks, or to threaten privacy through the aggregation of datasets that include increasingly personal information, or to threaten justice when machine learning is used in such high-stakes, decision-making contexts as loan application reviews, employment procedures, or parole hearings. It is insufficient to ethically assess technology after it has produced negative social impacts, as has happened, for example, with facial recognition software that discriminates against people of color and with self-driving cars that are unable to cope with pedestrians who jay-walk. Developers of new technologies should aim to identify potential harmful consequences early in the design process and take steps to eliminate or mitigate them. This task is not easy. Designers will often have to negotiate among competing values—for instance, between efficiency and accessibility for a diverse user population, or between maximizing benefits and avoiding harm. There is no simple recipe for identifying and solving ethical problems. -/- Computer science education can help meet these challenges by making ethical reasoning about computing technologies a central element in the curriculum. Students can learn to think not only about what technology they could create, but also whether they should create that technology. Learning to reason this way requires courses unlike those currently standard in computer science curricula. A range of university courses on topics in areas of computing, ethics, society and public policy are emerging to meet this need. Some cover computer science broadly, while others focus on specific problems like privacy and security; typically, these classes exist as stand-alone courses in the computer science curriculum. Others have integrated ethics into the teaching of introductory courses on programming, artificial intelligence, and human-computer interaction. (shrink)

An adolescent’s last moment of life is an emotionally and medically complex time. Children may grapple with understanding the things happening to them and with grief of a future lost; caregivers struggle to simultaneously balance deep sorrow, hope, and love; and healthcare providers fight to maintain sound medical and ethical decision making. Increased discussion regarding adolescent end-of-life care is needed so that clinicians may better understand how to engage in ethically based medical management during these events. This holds particularly true (...) in situations where potentially conflicting ideas exist between clinicians and family members. We describe the case of an acutely and terminally ill adolescent who remained cognitively intact but with rapidly advancing multiple organ failure and whose parents requested that he remain uninformed of his critical illness and prognosis. (shrink)

The pursuit of social goals and ethics in business creates challenges. Sustained efforts to address poverty, environmental degradation or health/wellbeing require meaningful and transformative responses that impact across multiple levels—individual, community and the global collective. Shifting predominant paradigms to facilitate change entails a renegotiation of business strategy—between organizations, their purpose(s), individual and collective stakeholders and ultimately with society at large. Hybrid organizations such as social enterprises are positioned to affect such change. However, in balancing divergent goals such organizations encounter tensions (...) and paradox, creating a duality of ethics. Utilizing in-depth interviews to develop a case within the sustainable fashion industry, we identify tensions and paradox within women-oriented hybrid organizations. Significantly, managing these tensions and paradox results in multiple dualities of ethics, often with a wider impact on organizational founders/managers. We find three interrelated ethical dualities: business strategy and personal values; financial sustainability and holistic sustainability; and business, employee, societal wellbeing, and personal wellbeing. This insight is noteworthy when looked at within the broader context of sustainability and highlights the importance of sustainability in women-oriented hybrid organizations. (shrink)

What does it mean for our species—or for any species—to be successful? Human Success: Evolutionary Origins and Ethical Implications examines the concept of human success from a variety of disciplinary perspectives, with contributions from leading paleobiologists, anthropologists, geologists, philosophers of science, and ethicists. It tells the tale of how the human species grew in success-linked metrics, such as population size and geographical range, and how it came to dominate ecological systems across the globe. It explores how culture, technology, and creativity (...) have contributed to human success. However, there is a darker side of human success, as has become apparent in a world affected by climate change and the destruction of biodiversity. This leads us to ask whether the human species can really be called successful, and what our future success will look like in terms of our bodies, minds, morals, and our place in the universe. The essays in this book probe us to reflect on what has led to our apparent evolutionary success—and, most important, what this success implies for the future of our species. (shrink)

Due to the COVID-19 pandemic, cities and states adopted social distancing, social isolation, or quarantine measurements to slow the transmission of the disease. Negative mental health outcomes including depression and anxiety have been associated with social distancing or social isolation. The purpose of the present study was to examine changes in psychological health and physical activity over an 8 week period under social distancing policies during the COVID-19 pandemic.Methods: Ninety individuals participated in this study. Qualifying participants answered questions using an (...) online survey regarding their loneliness, depressive symptoms, anxiety symptoms, mood state, and physical activity over four time points each lasting two weeks.Results: Symptoms of depression and state anxiety were increased in the population when compared to nationwide statistics from before the COVID-19 pandemic. Time point 2, ~1 month into social isolation, showed the most significant effects on mental health. During this time point, 100% of the participants showed symptoms of depression. There were no significant changes in physical activity over the 8 weeks. Loneliness, depressive symptoms, fatigue, and mood state were negatively associated with participation in physical activity. Vigor and state anxiety were associated with participation in physical activity.Conclusion: Social isolation and social distancing practices have had a negative effect on depression, anxiety, and mood over time. It appeared that depressive symptoms and total mood disturbance was elevated during time point two. Depressive symptoms were much higher than average compared to previous epidemiological data. Physical activity amount did not change over time but was associated with poor mental health. (shrink)

The levels of selection debate is generally taken to be a debate about how natural selection can occur at the various levels of biological organization. In this paper, we argue that questions about levels of selection should be analyzed separately from questions about levels of organization. In the deflationary proposal we defend, all that is necessary for multilevel selection is that there are cases in which particles are nested in collectives, and that both the collectives and the particles that compose (...) them each separately undergo natural selection. We argue that adopting this deflationary account helps to disentangle the levels of selection and the levels of organization, and thereby contributes to advancing the levels of selection debate. (shrink)

There is an extensive body of work that has previously examined the teaching of ethics in business schools whereby it is hoped that the values and behaviours of students might be provoked to show positive and enduring change. Rather than dealing with the content issues of particular business ethics courses per se, this article explores the philosophical foundations and the structural conditions for developing ethical training programs in business schools. It is informed by historical analysis, specifically, an examination of Platonic (...) and Aristotelian philosophies that inspires virtue ethics, and together provides four conditions for consideration: respect for law, dialectics, imitation and deliberation. We outline the necessary structural conditions for implementing these requirements as well as suggesting the necessary pedagogical protocol applicable to all courses. It is argued that reference to our two ancient Greek philosophers provide many valuable and insightful lessons for the implementation of ethical training today including choice of theoretical content and the approach towards learning. Further, the enactment of a pedagogical protocol requires a policy of recruiting and managing business school teachers-instructors that takes into account, and consciously encourages, intellectual, relational and spiritual pedagogical qualities. (shrink)

The Critical Imagination is a study of metaphor, imaginativeness, and criticism of the arts. Since the eighteenth century, many philosophers have argued that appreciating art is rewarding because it involves responding imaginatively to a work. Literary works can be interpreted in many ways; architecture can be seen as stately, meditative, or forbidding; and sensitive descriptions of art are often colourful metaphors: music can 'shimmer', prose can be 'perfumed', and a painter's colouring can be 'effervescent'. Engaging with art, like creating it, (...) seems to offer great scope for imagination. Hume, Kant, Oscar Wilde, Roger Scruton, and others have defended variations on this attractive idea. In this book, James Grant critically examines it. The first half explains the role imaginativeness plays in criticism. To do this, Grant answers three questions that are of interest in their own right. First, what are the aims of criticism? Is the point of criticizing a work to evaluate it, to explain it, to modify our response to it, or something else? Second, what is it to appreciate art? Third, what is imaginativeness? He gives new answers to all three questions, and uses them to explain the role of imaginativeness in criticism. The book's second half focuses on metaphor. Why are some metaphors so effective? How do we understand metaphors? Are some thoughts expressible only in metaphor? Grant's answers to these questions go against much current thinking in the philosophy of language. He uses these answers to explain why imaginative metaphors are so common in art criticism. The result is a rigorous and original theory of metaphor, criticism, imaginativeness, and their interrelations. (shrink)

The relation between the individual and history is as central to the thought of Kierkegaard as it is to political philosophy as a whole. In the present age, does the individual create history or does history create the individual? These questions are also central to Theodor Adorno, who took aim at Kierkegaard for ignoring the historical and social constraints that inhibit the freedom of the individual. Adorno’s Kierkegaard offers only dogmatic faith and abstract individualism without providing any rational, liberating challenge (...) to oppression. Yet Adorno’s interpretation of Kierkegaard is undermined by his uncritical embrace of the dualism of reason and faith as well as his celebration of Socrates as the true individual critic of power. Adorno ironically ignores Kierkegaard’s own exposure of Socratic rationalism as the fatal pathway towards accepting oppression, just as he fails to comprehend Kierkegaard’s idea of the “religious” individual as the true opponent of both religious and secular tyranny. (shrink)

(2013). The Final Volley in the Strauss Wars? The European Legacy: Vol. 18, Reflections on the Future University, pp. 78-82. doi: 10.1080/10848770.2012.722526.

In this important new study, Hamilton establishes and develops innovative links between the sites of postcolonial literary theory, the fiction of the South African/Australian academic and Nobel Prize-winning writer J.M. Coetzee, and the work of the French poststructuralist philosopher Gilles Deleuze. Centering on the key postcolonial problematic of representation, Hamilton argues that if one approaches the colonial subject through Gilles Deleuze’s rewriting of subjectivity, then a transcendent configuration of the colonial subject is revealed. Importantly, it is this rendition of the (...) colonial subject that accounts best for the way in which the colonial subject is able to propose and offer instances of resistance to colonial structures of subjectification. In elucidating this claim, the study turns to the fiction of Coetzee. Offering unique Deleuzean readings of three of Coetzee’s most theoretically beguiling novels – Dusklands, Waiting for the Barbarians, and Foe – On Representation will prove to be essential reading to those interested in Coetzee studies, the literary terrain of Deleuze’s philosophy, and those engaging with contemporary debates in postcolonial literature and theory. (shrink)