This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.

The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of (...) offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering the justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrongdoing, the sources of wrongdoing, why wrongdoing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible. (shrink)

This book provides a systematic, philosophically informed account of criminal responsibility. It begins by providing a general account of criminal responsibility based on the relationship between the action that the defendent has performed and their character. It then moves on to reconsider some of the central doctrines of criminal responsibility in the light of that account.

Social robotics attempts to build robots able to interact with humans and other robots. Philosophical and scientific research in social cognition can provide social robotics research with models of social cognition to implement those models in mechanic agents. The aim of this paper is twofold: firstly, I present and defend a framework in social cognition known as mindshaping. According to it, human beings are biologically predisposed to learn and teach cultural and rational norms and complex cultural patterns of behavior that (...) enhance social cognition. Secondly, I will highlight how this framework can open new research perspectives in the area of social robotics. (shrink)

This article explores the moral significance of consent in an unjust world by developing the view that the validity of consent depends on its causes. It defends the view that the causes of consent make it valid or invalid. It then shows how this idea helps us to distinguish different ways in which consent might matter morally where it has problematic causes. Finally, it uses this analysis to explore the moral significance of a range of problematic causes of consent, including (...) objectification, arranged marriage, and third-party threats of violence. (shrink)

the three topics named in the title of this book: Christianity, antiquity, and Enlightenment, are not meant merely to describe the contents of the various chapters it contains. a narrative is implied in their selection and arrangement, and embedded ...

This article explores the extent to which the magnitude of harm that a person is liable to suffer to avert a threat depends on the magnitude of her causal contribution to the threat. Several different versions of this view are considered. The conclusions are mostly skeptical—facts that may determine how large of a causal contribution a person makes to a threat are not morally significant, or not sufficiently significant to make an important difference to liability. However, understanding ways in which (...) causation may be scalar helps to deepen our understanding of other morally significant facts, such as responsibility. (shrink)

In his recent book, Killing in War, Jeff McMahan sets out a number of conditions for a person to be liable to attack, provided the attack is used to avert an objectively unjust threat: (1) The threat, if realized, will wrongfully harm another; (2) the person is responsible for creating the threat; (3) killing the person is necessary to avert the threat, and (4) killing the person is a proportionate response to the threat. The present article focuses on McMahan's second (...) condition, which links liability with responsibility. McMahan's use of the responsibility criterion, the article contends, is too restrictive as an account of liability in general and an account of liability to be killed in particular. In order to defend this claim, the article disambiguates the concept of liability and explores its role in the philosophical analysis of the permission to cause harm to others. (shrink)

A normative power is a power to alter rights and duties directly. This paper explores what it means to alter rights and duties directly. In the light of that, it examines the kind of argument that might support the existence of normative powers. Both simple and complex instrumentalist accounts of such powers are rejected, as is an approach to normative powers that is based on the existence of normative interests. An alternative is sketched, where normative powers arise based on the (...) appropriateness of a person responding to a decision by limiting their freedom. (shrink)

This book examines leadership strategies that allow administrators to be proactive, visionary, and flexible while increasing collaboration, open communication, and closely integrating theory and practice to ensure successful administration in higher education settings.

This paper examines Derk Pereboom’s argument against punishment on deterrent grounds in his recent book Free Will, Agency, and Meaning in Life. It suggests that Pereboom’s argument against basic desert has not been shown to extend to the view that those who act wrongly lose rights against punishment for deterrent reasons. It further supports the view that those who act wrongly, if they fulfil compatibilist conditions of responsibility, do lose rights to avert threats they pose. And this, it is argued, (...) supports punishment on deterrent grounds, at least in some limited cases. (shrink)

My purpose in this article is to provide a reconstruction of the mechanics of philosophical analysis that Wittgenstein carried out in “On Certainty”. I will show that this analysis is based, specifically, on an appeal to a wide propositional typology that serves to evaluate and diagnose Moore’s propositions. To this end, I shall first explain how common readings of the methodological issues in “On Certainty” fail. Secondly, I focus on the mechanics of analysis found in paragraphs 1-65, specifically the analysis (...) of three sentences: “There are physical objects”, “I know that there is a hand here” and “here the mistake is impossible”. Thirdly, I proceed to identify different stages of the method and justify in what sense the strategic core of such research is the table of propositional typologies. (shrink)

Muscle synergy analysis via surface electromyography is useful to study muscle coordination in motor learning, clinical diagnosis, and neurorehabilitation. However, current methods to extract muscle synergies in the upper limb suffer from two major issues. First, the necessary normalization of EMG signals is performed via maximum voluntary contraction, which requires maximal isometric force production in each muscle. However, some individuals with motor impairments have difficulties producing maximal effort in the MVC task. In addition, the MVC is known to be highly (...) unreliable, with widely different forces produced in repeated measures. Second, synergy extraction in the upper limb is typically performed with a multidirection reaching task. However, some participants with motor impairments cannot perform this task because it requires precise motor control. In this study, we proposed a new isometric rotating task that does not require precise motor control or large forces. In this task, participants maintain a cursor controlled by the arm end-point force on a target that rotates at a constant angular velocity at a designated force level. To relax constraints on motor control precision, the target is widened and blurred. To obtain a reference EMG value for normalization without requiring maximal effort, we estimated a linear relationship between joint torques and muscle activations. We assessed the reliability of joint torque normalization and synergy extraction in the rotating task in young neurotypical individuals. Compared with normalization with MVC, joint torque normalization allowed reliable EMG normalization at low force levels. In addition, the extraction of synergies was as reliable and more stable than with the multidirection reaching task. The proposed rotating task can, therefore, be used in future motor learning, clinical diagnosis, and neurorehabilitation studies. (shrink)

Scanlonian contractualism rejects the consequentialist assumptions about morality, value, and rationality in virtue of which deontological constraints appear paradoxical. And yet, Jeffrey Brand-Ballard and Robert Shaver have claimed that it cannot succeed in defending the said restrictions. That is because they see Scanlon’s tie-breaking argument as threatening to justify aggregation in paradox of deontology cases. I argue that this claim rests upon a failure to appreciate contractualism’s relational character. Once we take this feature of the view into account, it becomes (...) clear that the tie-breaking argument is ruled out in cases where the only way for us to prevent several killings would be to commit one ourselves. To show this, I provide a contractualist explanation of why our duty not to harm persons is stricter than our duty to help them when they are threatened with harm. I conclude by distinguishing two ways in which this defense of deontological restrictions might bring contractualism objectionably close to absolutism. (shrink)

A widespread view in moral, legal, and political philosophy, as well as in public discourse, is that responsibility makes a difference to the fair allocation or distribution of things that are valuable or disvaluable independently of responsibility. For example, the fairness of punishing a person for wrongdoing varies with her responsibility for wrongdoing; the fairness of requiring a person to pay compensation varies with her responsibility for the harm that she caused; the fairness of one person being worse off than (...) another varies with her responsibility for being worse off; the fairness of inflicting defensive harm on a person to avert a threat varies with her responsibility for causing or posing the threat; and so on. (shrink)

I argue that people are sometimes justified in participating in unjust wars. I consider a range of reasons why war might be unjust, including the cause which it is fought for, whether it is proportionate, and whether it wrongly uses resources that could help others in dire need. These considerations sometimes make fighting in the war unjust, but sometimes not. In developing these claims, I focus especially on the 2003 Iraq war.

Many theists regard the claim that certain fundamental constants of nature are fine-tuned for life as the best scientific argument for the existence of God since Paley’s watch. Even atheist physicists find these so-called “anthropic coincidences” difficult to explain naturally and many think they need to invoke multiple universes and the so-called “anthropic principle” to do so. Certainly if there are many universes, fine-tuning is simple. Our universe is not fine-tuned for life. Life is fine-tuned to our universe. While multiple (...) universes are expected from modern cosmological theories, theists and some scientists object that invoking the unobservable is not science. Of course, God is unobservable too, so the best theists can claim is a standoff. (shrink)

When, why, and in what ways, do a person's errors have a bearing on whether they validly consent to another person's conduct?

When, why, and in what ways, do a person's errors have a bearing on whether they validly consent to another person's conduct?

In this paper I explore Antony Duff’s claim that there are categorical constraints on the scope of the criminal law that are set by its internal standards. I argue against his view that such constraints are categorical, and I suggest that his account of the nature of the criminal law is partial, and narrows the focus of our enquiry into the scope of the criminal law too much. However, I suggest that the project is an important contribution to our understanding (...) of one central element of the criminal law. (shrink)

What are the laws of physics? -- The stuff that kicks back -- Point-of-view invariance -- Gauging the laws of physics -- Forces and broken symmetries -- Playing dice -- After the bang -- Out of the void -- The comprehensible cosmos -- Models of reality.

The goal of this paper is to assess biological naturalism in light of the adaptationist debate. Searle is famous for explicity pursuing a biological foundation for his theory of consciousness. However, evolutionary biology receives little attention in his work, which results in crucial theoretical confusions over adaptationism. In this paper, we will propose two theses concerning Searle's approach to consciousness in the context of the adaptationist debate. First, Searle's attack on adaptationism only applies to its naive version, failing to touch (...) any of the more sophisticated versions of adaptationism, especially the empirical one. Second, despite his attack, in the end Searle embraces empirical adaptationism about consciousness. Howsoever, Searle's empirical foundation for his thesis that the evolutionary advantage of consciousness lies in a greater power of discrimination faces a serious problem of generalization regarding non-human animals. (shrink)

My main aims in this paper are to further clarify and defend the Duty View of punishment, outlined in my book The Ends of Harm, by responding to some objections to it, and by exploring some variations on that view. I briefly lay out some steps in the justification of punishment that I defend more completely in Chapter 12 of The Ends of Harm. I offer some further support for these steps. They justify punishment of an offender for general deterrence (...) reasons if the beneficiary of general deterrence is the victim of the crime. They do so firstly on the basis that offenders incur compensatory duties to victims. I then show that duties incurred through serious wrongdoing are not limited to the duty to provide full compensation. Because offenders incur the relevant duties, and the duties are enforceable, harming them to protect their victims does not wrong them. I then consider whether an offender can be harmed in order to protect people other than the victims of her crime. In this section, I respond to an important challenge to the general idea that we can justify punishment on the basis of duties incurred as a result of wrongdoing, a challenge that I had met only in part in The Ends of Harm. It might be argued that the duties that we incur through serious wrongdoing are owed only to victims of crime. In punishing offenders, in contrast, we aim to protect people in a society more generally, and not just crime victims. A plausible theory of punishment must demonstrate that we are justified in pursuing this aim. Hence, it might be argued, the Duty View fails. I will respond by showing that the duties incurred through wrongdoing are not limited to duties owed to victims, and hence this challenge to the Duty View can be met. (shrink)

O artigo recorda as linhas fundamentais das mudanças produzidas pelo Vaticano II, dentre outras: a recuperação da eclesiologia de comunhão, típica do primeiro milênio da história da Igreja; a afirmação de uma eclesiologia orientada ao Reino; o surgimento de uma igreja que passa a se autocompreender como sacramento de salvação, servidora, caminhante, comprometida com os pobres. Em contraposição a esses avanços, o artigo refere-se às lacunas e sombras que envolvem o Vaticano II: a dualidade entre a afirmação de uma Igreja (...) povo-de-Deus e o acento jurídico da eclesiologia tradicional; o silêncio sobre temas candentes como o celibato sacerdotal e a ordenação de mulheres; a falta de mediações eclesiais para efetivar as propostas do Concílio. Destaca especialmente alguns episódios de “inverno eclesial”, posteriores ao Concílio, protagonizados por setores conservadores da Igreja, de fechamento e resistência às propostas do Vaticano II. Frente à “volta à grande disciplina” que caracteriza o atual momento do Igreja – e considerando o Concílio um divisor de águas em sua história, uma autêntica irrupção do Espírito sobre a Igreja –, a reflexão postula um novo concílio, um Jerusalém II. Palavras-chave: Concílio Vaticano II. Eclesiologia. Igreja.This article presents the basic lines of the changes produced by the Vatican II. For this purpose, three points are highlighted: a) the recuperation of the ecclesiology of communion, typical of the first millennium of the history of the Church; b) the affirmation of an orientated ecclesiology to the Kingdom; c) the development of a new conception of church that starts to understand itself as sacrament of salvation, always committed to the poor. On the other hand, the article refers to the gaps and shadows that comprise the Vatican II: a) the dualism between the affirmation of a ´Church People of God` and the emphasis in the legal dimension of the traditional ecclesiology; b) the silence of the Church on relevant subjects such as the sacerdotal celibacy and the women's ordering; d) the lack of ecclesial mediations to bring the proposals of the council into effect. The article stands out the spirit of resistance and of closure of the conservative sectors of the Church to the proposals of Vatican II. Facing the “return to the great discipline” that have characterized the current moment of Church and taking the Council as a basic landmark in its history, and as an authentic outbreak of the Spirit on the Church, the article postulates a new council, a Jerusalem II. Keywords : Vatican Council II. Ecclesiology. Church. - DOI: 10.5752/P.2175-5841.2011v9n24p1257. (shrink)

Este trabalho é um breve estudo sobre a análise literária de textos cristãos elaborada por Erich Auerbach. O objetivo é destacar como, a partir do sermão 256 de Santo Agostinho e da Bíblia, Auerbach ilumina a articulação do sublime cristão com o sermo humilis , ou seja, incorpora a linguagem ordinária e temas prosaicos cotidianos para transmitir a mensagem religiosa. Do ponto de vista teórico-conceitual, faremos uma breve exposição sobre teoria da literatura, mais especificamente, sobre mimesis e literatura, como forma (...) de pensar a abordagem de textos cristãos. Segundo Auerbach, o texto cristão, num mundo bastante conturbado, incorporou a vida e a linguagem simples das pessoas para, então, configurar uma nova forma do sublime. Concluímos que o texto cristão, visando a uma formulação religiosa (normativa), para isso trouxe para seu interior aquilo que definimos como dinâmica histórica, para trabalhá-la numa proposta de sentido. Palavras-chave : Erich Auerbach. Sermo humilis. S ublime. Literatura. Mímesis. (shrink)