This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a (...) variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers. (shrink)

Michael A. PetersBeijing Normal UniversityMy deepest condolences to Pepe, Dom and Marcus and to Jim’s grandchildren. Tina and I spent a lot of time at the Marshall family home, often attending dinn...

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

No one doubts that our experience of phenomenal consciousness—the felt redness of fire, the felt sweetness of a peach, the felt pain of a bee sting—arises from the activity of our brains. Yet the problem of explaining how this can be so seems to many theorists to be staggeringly hard. How can the wine of consciousness, the weird, ineffable, immaterial qualia that give such richness to subjective experience, conceivably arise from the water of the brain? As the philosopher Colin (...) McGinn has put it, it's like trying to explain how you can get "numbers from biscuits, or ethics from rhubarb." The philosopher Jerry Fodor recently claimed, "The revisions of our concepts and theories that imagining a solution will eventually require are likely to be very deep and very unsettling.". (shrink)

In “Why Forgiving the Unrepentant is not Demeaning or Insulting: A Reply to Nicholas Wolterstorff,” David E. Wright argues against Wolterstorff’s view in Justice in Love that it is wrong or impossible to forgive the unrepentant wrongdoer. In response to Wolterstorff’s claim that it is impossible to forgive the unrepentant, Wright presents the case of Timothy and Hubert, which seems to show that one can forgive the unrepentant and take the wrong seriously. In response to Wolterstorff’s claim that it (...) is not morally permissible to forgive the unrepentant, Wright employs Trudy Govier and Colin Hirano’s invitational model of forgiveness, in which the act of forgiveness serves as the impetus or “invitation” for reconciliation. To illustrate this, Wright presents the case of Timothy and Jake, which seems to show that forgiving the unrepentant can be respectful of both the victim and the wrongdoer. (shrink)

Originally published in 1987, Colin Campbell’s classic treatise on the sociology of consumption has become one of the most widely cited texts in sociology, anthropology, cultural studies, and the history of ideas. In the thirty years since its publication, The Romantic Ethic and the Spirit of Modern Consumerism has lost none of its impact. If anything, the growing commodification of society, the increased attention to consumer studies and marketing, and the ever-proliferating range of purchasable goods and services have made (...) Campbell’s rereading of Weber more urgent still. As Campbell uncovers how and why a consumer-oriented society emerged from a Europe that once embodied Weber’s Protestant ethic, he delivers a rich theorization of the modern logics and values structuring consumer behavior. This new edition, featuring an extended Introduction from the author and an Afterword from researcher Karin M. Ekström, makes clear how this foundational work aligns with contemporary theory in cultural sociology, while also serving as major influence on consumer studies. (shrink)

Inspired by the ecosophical writings of Felix Guattari, this book explores the many ways that aesthetics - in the forms of visual art, film, sculpture, painting, literature, and the screenplay - can act as catalysts, allowing us to see the world differently, beyond traditional modes of representation. This is in direct parallel to Guattari's own attempt to break down the 19th century Kantian dialectic between man, art, and world, in favour of a non-hierarchical, transversal approach, to produce a more ethical (...) and ecologically sensitive world view."-- Back cover. (shrink)

The so-called “dark room problem” makes vivd the challenges that purely predictive models face in accounting for motivation. I argue that the problem is a serious one. Proposals for solving the dark room problem via predictive coding architectures are either empirically inadequate or computationally intractable. The Free Energy principle might avoid the problem, but only at the cost of setting itself up as a highly idealized model, which is then literally false to the world. I draw at least one optimistic (...) conclusion, however. Real-world, real-time systems may embody motivational states in a variety of ways consistent with idealized principles like FEP, including ways that are intuitively embodied and extended. This may allow predictive coding theorists to reconcile their account with embodied principles, even if it ultimately undermines loftier ambitions. (shrink)

forthcoming in The Journal of Philosophy.

It is often said that normative properties are “just too different” to reduce to other kinds of properties. This suggests that many philosophers find it difficult to believe reductive theses in ethics. I argue that the distinctiveness of the normative concepts we use in thinking about reductive theses offers a more promising explanation of this psychological phenomenon than the falsity of Reductive Realism. To identify the distinctiveness of normative concepts, I use resources from familiar Hybrid views of normative language and (...) thought to develop a Hybrid view of normative concepts. In addition to using this new Hybrid view to explain why reductive theses are difficult to believe, I show how to preserve several patterns of inference involving normative concepts that, intuitively, it is possible to make, and hence answer an important recent challenge to Hybrid views from Mark Schroeder. (shrink)

Abstract:This paper considers the relevance of the concept of “eugenics,”—a term associated with some of the most egregious crimes of the twentieth century—to the possibility of editing human genomes. The author identifies some uses of gene editing as eugenics but proposes that this identification does not suffice to condemn them. He proposes that we should distinguish between “morally wrong” practices, which should be condemned, and “morally problematic” practices that call for solutions, and he suggests that eugenic uses of gene editing (...) fall into this latter category. Although when we choose the characteristics of future people we are engaging in morally dangerous acts, some interventions in human heredity should nevertheless be acknowledged as morally good. These morally good eugenic interventions include some uses of preimplantation genetic diagnosis. The author argues that we should think about eugenic interventions in the same way that we think about morally problematic interventions in public health. When we recognize some uses of gene editing as eugenics, we make the dangers of selecting or modifying human genetic material explicit. (shrink)

Volume 19, Issue 1, February 2020, Page 58-77.

This paper scrutinizes the debate over logical pluralism. I hope to make this debate more tractable by addressing the question of motivating data: what would count as strong evidence in favor of logical pluralism? Any research program should be able to answer this question, but when faced with this task, many logical pluralists fall back on brute intuitions. This sets logical pluralism on a weak foundation and makes it seem as if nothing pressing is at stake in the debate. The (...) present paper aims to improve this situation by looking at a promising case study and drawing general lessons about the kind of evidence that would support logical pluralism. I argue that the best motivation for logical pluralism will ultimately be rooted in certain kinds of performative data. (shrink)

Nicholas Wolterstorff discusses the ethics of belief which Locke developed in Book IV of his Essay Concerning Human Understanding, where Locke finally argued his overarching aim: how we ought to govern our belief, especially on matters of religion and morality. Wolterstorff shows that this concern was instigated by the collapse, in Locke's day, of a once-unified moral and religious tradition in Europe into warring factions. His was thus a culturally and socially engaged epistemology. This view of Locke invites a (...) new interpretation of the origins of modern philosophy. He maintained that instead of following tradition we ought to let 'reason be our guide.' Accordingly, after discussing Hume's powerful attack on Locke's recommended practice, Wolterstorff argues for Locke's originality and emphasizes his contribution to the 'modernity' of post-sixteenth-century philosophy. (shrink)

My thesis is: Consciousness is a being such that in its being the being of other being is known. To be conscious is to be in a state of knowingness. The essence of consciousness is knowledge.

This paper offers practical advice about how to interact with machines that we have reason to believe could have minds. I argue that we should approach these interactions by assigning credences to judgements about whether the machines in question can think. We should treat the premises of philosophical arguments about whether these machines can think as offering evidence that may increase or reduce these credences. I describe two cases in which you should refrain from doing as your favored philosophical view (...) about thinking machines suggests. Even if you believe that machines are mindless, you should acknowledge that treating them as if they are mindless risks wronging them. Suppose your considered philosophical view that a machine has a mind leads you to consider dating it. You may have reason to regret that decision should these dates lead on to a life-long relationship with a mindless machine. In the paper’s final section, I suggest that building a machine that is capable of performing all intelligent human behavior should produce a general increase in confidence that machines can think. Any reasonable judge should count this feat as evidence in favor of machines having minds. This rational nudge could lead to broad acceptance of the idea that machines can think. (shrink)

Aesthesis, the classical term for sensing and perceiving, is at the heart of innumerable problems that plague global society. The purpose of this article is to open a conversation on aesthesis. We survey the roots and relevance of aesthesis as a direct albeit contested relation and engagement with the world and with Others. From its pre-Socratic origins, aesthesis has been both a pragmatic, somatic concept, prompting a re-evaluation of the distinction between experience and abstraction. We trace its ongoing repression from (...) Plato through ‘western’ theories of formal Aesthetics. Drawing on a relational interpretation of Protagoras’ aesthesis, we argue that modern pragmatists and radical empiricists, as well as more contemporary critics of the ‘colonization’ of aesthesis (Mignolo and Vasquez) by formal Aesthetics recognize and develop the relational and ethical aspects of aesthesis. We consider the role of the body, affect, and of the intangible or virtual qualities of aesthesis. The ethics of obligations (Weil) in the polis (Arendt) shows how aesthesis informs politics despite its repression in favour of moral and legal norms. We argue this is relevant to contemporary crises such as xenophobia and ecocidal climate warming. (shrink)

Unlike the overall framework of Ernest Nagel's work on reduction, his theory of intertheoretic connection still has life in it. It handles aptly cases where reduction requires complex representation of a target domain. Abandoning his formulation as too liberal was a mistake. Arguments that it is too liberal at best touch only Nagel's deductivist theory of explanation, not his condition of connectability. Taking this condition seriously gives a powerful view of reduction, but one which requires us to index explanatory power (...) to sciences as they are formulated at particular times. While we may thereby reduce more than philosophers have supposed, we must abandon hope (as Nagel did) of saying anything useful about reductionism. (shrink)

Plausibly, an inference is an act of coming to believe something on the basis of something else you already believe. But what is it to come to believe some- thing on the basis of something else? I propose a disjunctive answer: it is either for some beliefs to rationally cause another—where rational causation is understood as causation that is either actually or potentially productive of knowledge—or for some beliefs to “deviantly” cause another, but for the believer mistakenly to come thereby (...) to believe that the former have rationally caused the latter. The result, I argue, is both a theoretically satisfying account of the act of inferring and a demonstration of the power of a knowledge-first approach to the philosophy of mind. (shrink)

The ethics of biological procreation has received a great deal of attention in recent years. Yet, as I show in this paper, much of what has come to be called procreative ethics is conducted in a strangely abstract, impersonal mode, one which stands little chance of speaking to the practical perspectives of any prospective parent. In short, the field appears to be flirting with a strange sort of practical irrelevance, wherein its verdicts are answers to questions that no-one is asking. (...) I go on to articulate a theory of what I call existential grounding, a notion which explains the role that prospective children play in the lives of many would-be parents. Procreative ethicists who want their work to have real practical relevance must, I claim, start to engage with this markedly first-personal kind of practical consideration. (shrink)

This note motivates a logic for a theory that can express its own notion of logical consequence—a ‘syntactically closed’ theory of naive validity. The main issue for such a logic is Curry’s paradox, which is averted by the failure of contraction. The logic features two related, but different, implication connectives. A Hilbert system is proposed that is complete and non-trivial.

Many prominent ethicists, including Shelly Kagan, John Rawls, and Thomas Scanlon, accept a kind of epistemic modesty thesis concerning our capacity to carry out the project of ethical theorizing. But it is a thesis that has received surprisingly little explicit and focused attention, despite its widespread acceptance. After explaining why the thesis is true, I argue that it has several implications in metaethics, including, especially, implications that should lead us to rethink our understanding of Reductive Realism. In particular, the thesis (...) of epistemic modesty in ethics implies a kind of epistemic modesty about the metaphysical nature of ethics, if Reductive Realism about the metaphysical nature of ethics is true, and it implies that normative concepts are indispensable to practical deliberation in a way that answers an influential objection to Reductive Realism from Jonathan Dancy, David Enoch, William FitzPatrick, and Derek Parfit. (shrink)

The medium‐independence of computational descriptions has shaped common conceptions of computational explanation. So long as our goal is to explain how a system successfully carries out its computations, then we only need to describe the abstract series of operations that achieve the desired input–output mapping, however they may be implemented. It is argued that this abstract conception of computational explanation cannot be applied to so‐called real‐time computing systems, in which meeting temporal deadlines imposed by the systems with which a device (...) interfaces are constitutive of the computing tasks that a device performs. Instead, real‐time computing reveals the need for alternative conceptions of computational explanation, as well as computational implementation, that eschew medium‐independence. (shrink)

In this paper, I clarify and defend a provocative hypothesis offered by Bernard Williams, namely, that modern people are much more likely to speak in terms of master-concepts like “good” or “right,” and correspondingly less likely to think and speak in the pluralistic terms favored by certain Ancient societies. By conducting a close reading of the Platonic dialogues Charmides and Laches, I show that the figure of Socrates plays a key historical role in this conceptual shift. Once we understand that (...) our narrow, reductionist focus on “thin” ethical concepts is a contingent historical development, we are, I claim, in a much better position to evaluate it. (shrink)

Contemporary arguments about private paramilitary organizations often focus on the threat of physical violence that they pose to the state: if such organizations garner enough physical power, then they can overtake the state via violent coup. Inspired by the legalist scholar Han Feizi’s position, we contend that such organizations also represent a sociopolitical, existential threat to the state. Specifically, their tendency for ideological expansion and subsequent gathering of political influence undermines state institutions, even without the use of overt physical force. (...) Consequently, the sociopolitical enterprise of having a unified, stable state is incompatible with the existence of, and public political support for, private paramilitary organizations, regardless of their actual or potential physical power. This argument succeeds regardless of the moral status of such paramilitary groups. Such groups, when they match the essential components of the description Han Feizi provides, are practically and politically antithetical to the integrity of the state. (shrink)

Milton Friedman's article, The Social Responsibility of Business Is To Increase Its Profits, owes its appeal to the rhetorical devices of simplicity, authority, and finality. More careful consideration reveals oversimplification and ambiguity that conceals empirical errors and logical fallacies. It is false that business does, or would, operate exclusively in economic terms, that managers concentrate obsessively on profitability, and that ethics can be marginalized. These errors reflect basic contradictions: an apolitical political base, altruistic agents of selfishness, and good deriving from (...) greed. (shrink)

The dual-track theory of moral reasoning has received considerable attention due to the neuroimaging work of Greene et al. Greene et al. claimed that certain kinds of moral dilemmas activated brain regions specific to emotional responses, while others activated areas specific to cognition. This appears to indicate a dissociation between different types of moral reasoning. I re-evaluate these claims of specificity in light of subsequent empirical work. I argue that none of the cortical areas identified by Greene et al. are (...) functionally specific: each is active in a wide variety of both cognitive and emotional tasks. I further argue that distinct activation across conditions is not strong evidence for dissociation. This undermines support for the dual-track hypothesis. I further argue that moral decision-making appears to activate a common network that underlies self-projection: the ability to imagine oneself from a variety of viewpoints in a variety of situations. I argue that the utilization of self-projection indicates a continuity between moral decision-making and other kinds of complex social deliberation. This may have normative consequences, but teasing them out will require careful attention to both empirical and philosophical concerns. (shrink)

The principle of autonomy is widely recognized to be of utmost importance in bioethics; however, we argue that this principle is often misapplied when one fails to distinguish two different contexts in medicine. When a particular patient is offered treatment options, she has the ultimate say in whether to proceed with any of those treatments. However, when deciding whether a particular intervention should be regarded as a form of medical treatment in the first place, it is the medical community who (...) has the ultimate say. Some argue that particular interventions should be allowed by virtue of the fact that they are autonomously requested. But making such an argument fails to distinguish between these two contexts and misapplies the principle of autonomy, ultimately having the potential to instigate problematic changes in the practice of medicine. (shrink)

Timothy Williamson has claimed to prove that regularity must fail even in a nonstandard setting, with a counterexample based on tossing a fair coin infinitely many times. I argue that Williamson’s argument is mistaken, and that a corrected version shows that it is not regularity which fails in the non-standard setting but a fundamental property of shifts in Bernoulli processes.

Being whipped, getting a deep-tissue massage, eating hot chili peppers, running marathons, and getting tattooed are all painful. Sometimes they are also pleasant—or so many people claim. Masochistic pleasure consists in finding such experiences pleasant in addition to, and because of, the pain. Masochistic pleasure presents a philosophical puzzle. Pains hurt, they feel bad, and are aversive. Pleasures do the opposite. Thus many assume that the idea of a pleasant pain is downright unintelligible. I disagree. I claim that cases of (...) pleasant pains are more common than many philosophers suppose, and that they have no essential connection to either sex or psychopathology. I review several attempts to account for masochism that preserve the intuition that nothing can be both pleasant and painful at once. These account for some, but not all, cases of masochism. The stubborn remainder, I argue, are sensations that are genuinely pleasant and painful at once. I give an account of how that might be, focusing on boundary-pushing aspects of masochistic pleasure that have been largely overlooked in the literature. I show how, properly understood, pain and pleasure can coexist—and also why it is very rare for them to actually do so. (shrink)

Philosophical discussions of the moralization of anger have not, to date, substantively engaged classical Chinese thought. This is unfortunate, given the abundance of appeals to moral anger in the classical literature, especially among the Confucians, and the suppression, expression, and functionalization of anger. Accordingly, this essay engages in two general projects: one interpretive, one applied. The interpretive project examines the manner in which classical Confucian thought regards anger as having both destructive and constructive aspects, how these aspects are unavoidable human (...) experiences, and how they can (and should) be regulated or recruited by ritualized social forms. Specifically, while the early Confucians at times depict anger as a precarious feeling to be assuaged, there are circumstances in which anger is not only understandable, but morally warranted. In this tradition, adherence to ritual prescriptions is a primary means by which problematic anger is alleviated while moral anger is effectively expressed, achieving prosocial ends without producing undue harm. This understanding and analysis of anger from a Confucian perspective gives rise to an applied project that considers how even contemporary, non-Confucians can ritualize and deploy anger for positive moral and political ends. In particular, I examine how forms of reconciliation, etiquette, and protest can be construed as rituals through which moral anger is effectively channeled. (shrink)

Some vegetative state patients show fMRI responses similar to those of healthy controls when instructed to perform mental imagery tasks. Many authors have argued that this provides evidence that such patients are in fact conscious, as response to commands requires intentional agency. I argue for an alternative reading, on which responsive patients have a deficit similar to that seen in severe forms of akinetic mutism. Akinetic mutism is marked by the inability to form and maintain intentions to act. Responsive patients (...) are likely still conscious. However, the route to this conclusion does not support attributions of intentional agency. I argue that aspects of consciousness, rather than broad diagnostic categories, are the more appropriate target of empirical investigation. Investigating aspects of consciousness provides a better method for investigating profound disorders of consciousness. 1 Introduction2 Responses in the Vegetative State2.1 The imaging evidence2.2 The need for models3 Responsive Patients and Akinetic Mutism3.1 Akinetic mutism3.2 Akinetic mutism as a deficit in intentions3.3 Arguments for the link3.4 Interim conclusion4 Other Models4.1 A deficit in ability?4.2 Modular intentions?5 Consciousness and Method5.1 Are they conscious?5.2 Aspects versus levels. (shrink)

Multiply realizable properties are those whose realizers are physically diverse. It is often argued that theories which contain them are ipso facto irreducible. These arguments assume that physical explanations are restricted to the most specific descriptions possible of physical entities. This assumption is descriptively false, and philosophically unmotivated. I argue that it is a holdover from the late positivist axiomatic view of theories. A semantic view of theories, by contrast, correctly allows scientific explanations to be couched in the most perspicuous, (...) powerful language available. On a semantic view, traditional notions of multiple realizability are thus very hard to motivate. At best, one must abandon either the idea that multiple realizability is an interesting scientific notion, or else admit that multiply realizable properties do not automatically block scientific reductions. (shrink)

In this superb introduction, Nicholas Dent covers the whole of Rousseau's thought. Beginning with a helpful overview of Rousseau's life and works, he introduces and assesses Rousseau's central ideas and arguments. These include the corruption of modern civilization, the state of nature, his famous theories of _amour de soi _and _amour propre_, education, and his famous work _Emile_. He gives particular attention to Rousseau's theories of democracy and freedom found in his most celebrated work, _The Social Contract_, and explains (...) what Rousseau meant by the 'general will'. (shrink)

Analytic reductivism in metaethics has long been out of philosophical vogue. In Confusion of Tongues: A Theory of Normativity (2014), Stephen Finlay tries to resuscitate it by developing an analytic metaethical reductive naturalistic semantics for ‘good.’ He argues that an end-relational semantics is the simplest account that can explain all of the data concerning the term, and hence the most plausible theory of it. I argue that there are several assumptions that a reductive naturalist would need to make about contextual (...) parameter completion to derive reductive naturalism from an end-relational semantics—assumptions that nonnaturalists might forcefully resist. I also argue for the claim that an end-relational semantics could provide surprising resources for nonnaturalists to address semantic worries about their views—the upshot of which paints the way for a new and sophisticated nonnaturalism about the semantics of moral discourse. Nonnaturalists have long suspected that they need not worry about semantics and this paper lends support to that suspicion. (shrink)