This paper argues that the general practice of punishment cannot be successfully defended by appeals to social contract arguments based upon the work of John Rawls. Several attempts to present such justifications are discussed, including those by Murphy, Morris, Sterba, and Hoekema. It is argued that social contractors would not choose a practice of punishment because such a practice is a symbolic expression of society’s disapproval of offenses against the law. Social contractors would instead choose a practice which might have (...) some deterrent effect upon crime but would lack the feature of social contract theory. (shrink)

This paper argues that the general practice of punishment cannot be successfully defended by appeals to social contract arguments based upon the work of John Rawls. Several attempts to present such justifications are discussed, including those by Murphy, Morris, Sterba, and Hoekema. It is argued that social contractors would not choose a practice of punishment because such a practice is a symbolic expression of society’s disapproval of offenses against the law. Social contractors would instead choose a practice which might have (...) some deterrent effect upon crime but would lack the feature of social contract theory. (shrink)

This paper reviews the concept of human dignity as it has evolved in recent decisions by the United States Supreme Court, and the paper then sketches a “rights based” theory of human dignity. Among the principles of human dignity is a principle of compensation for mistakes in the treatment of any person. A broad concept of mistake is outlined, and, in terms of this concept and the principles of dignity, the practice of capital punishment is examined. An argument by Jeffrie (...) Murphy against capital punishment is stated and criticized and a stronger argument against capital punishment is presented. (shrink)

This paper reviews the concept of human dignity as it has evolved in recent decisions by the United States Supreme Court, and the paper then sketches a “rights based” theory of human dignity. Among the principles of human dignity is a principle of compensation for mistakes in the treatment of any person. A broad concept of mistake is outlined, and, in terms of this concept and the principles of dignity, the practice of capital punishment is examined. An argument by Jeffrie (...) Murphy against capital punishment is stated and criticized and a stronger argument against capital punishment is presented. (shrink)

Since Hilary Putnam offered multiple realization as an empirical hypothesis in the 1960s, philosophical consensus has turned against the idea that mental processes are identifiable with brain processes, and multiple realization has become the keystone of the 'antireductive consensus' across philosophy of science. Thomas W. Polger and Lawrence A. Shapiro offer the first book-length investigation of multiple realization, which serves as a starting point to a series of philosophically sophisticated and empirically informed arguments that cast doubt on the generality (...) of multiple realization in the cognitive sciences. They argue that mind-brain identities have played an important role in the growth and achievements of the cognitive sciences, and suggest that there is little prospect for multiple realization in an empirically-based theory of mind. This leads Polger and Shapiro to offer an alternative framework for understanding explanations in the cognitive sciences, as well as in chemistry, biology, and other non-basic sciences. (shrink)

In Natural Minds Thomas Polger advocates, and defends, the philosophical theory that mind equals brain -- that sensations are brain processes -- and in doing so brings the mind-brain identity theory back into the philosophical debate about consciousness. The version of identity theory that Polger advocates holds that conscious processes, events, states, or properties are type- identical to biological processes, events, states, or properties -- a "tough-minded" account that maintains that minds are necessarily indentical to brains, a position held (...) by few current identity theorists. Polger's approach to what William James called the "great blooming buzzing confusion" of consciousness begins with the idea that we need to know more about brains in order to understand consciousness fully, but recognizes that biology alone cannot provide the entire explanation. Natural Minds takes on issues from philosophy of mind, philosophy of science, and metaphysics, moving freely among them in its discussion.Polger begins by answering two major objections to identity theory -- Hilary Putnam's argument from multiple realizability and Saul Kripke's modal argument against mind-brain identity. He then offers a detailed account of functionalism and functional realization, which offer the most serious obstacle to consideration of identity theory. Polger argues that identity theory can itself satisfy the kind of explanatory demands that are often believed to favor functionalism. (shrink)

May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the (...) crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (shrink)

Trust is difficult to define. Instead of doing so, I propose that the best way to understand the concept is through a genealogical account. I show how a root notion of trust arises out of some basic features of what it is for humans to live socially, in which we rely on others to act cooperatively. I explore how this concept acquires resonances of hope and threat, and how we analogically apply this in related but different contexts. The genealogical account (...) explains both why the notion has such value for us and why it is difficult to define. (shrink)

Book reviewed in this article:John Rawls, The Law of Peoples.

Although many challenges remain, business ethics is flourishing in North America. Prominent organizations give annual business ethics awards, investments in socially screened mutual funds are increasing, ethics officers and corporate ombudspersons are more common and more influential, and new ideas are being tested in practice. On the academic side, two major journals specializing in business ethics are well-established and other major journals often include articles on business ethics and new organizations emphasizing ethics have been initiated. Within business schools, the number (...) of endowed chairs is growing and the ethics curriculum is expanding. Canada is a major player in the business ethics discipline while business ethics in Mexico is just beginning to emerge as a focus of interest in both the business and academic communities. (shrink)

With each of our three criminal-law topics—defining offenses, apprehending suspects, and establishing punishments—we feel, I believe, strong moral resistance to the idea that our practices should be settled by a prospective-participant perspective. This becomes quite clear when we look at how the “reforms” suggested by institutional viewing might combine once we consider all three topics together: imagine a more extensive and swifter use of the death penalty in homicide cases coupled with somewhat lower standards of evidence; or think of backing (...) a strict-liability criminal statute with the death penalty. Of course, such “reforms” would increase the execution of innocents; but, their proponents will tell us, any penal system involves the punishment of some innocents, and, if it provides for the death penalty, the execution of some innocents. Moreover, why is it worse for innocents to be punished than for innocents to suffer an equivalent harm in some other way? Formulated from a prospective-participant perspective: Why not run a small risk of being innocently executed in exchange for reducing, much more significantly, the risk of dying prematurely in other ways? (shrink)

This article develops a social epistemological analysis of Web-based search engines, addressing the following questions. First, what epistemic functions do search engines perform? Second, what dimensions of assessment are appropriate for the epistemic evaluation of search engines? Third, how well do current search engines perform on these? The article explains why they fulfil the role of a surrogate expert, and proposes three ways of assessing their utility as an epistemic tool—timeliness, authority prioritisation, and objectivity. “Personalisation” is a current trend in (...) Internet-delivered services, and consists in tailoring online content to the interests of the individual user. It is argued here that personalisation threatens the objectivity of search results. Objectivity is a public good; so there is a prima facie case for government regulation of search engines. (shrink)

Consider what the brain-state theorist has to do to make good his claims. He has to specify a physical–chemical state such that any organism (not just a mammal) is in pain if and only if (a) it possesses a brain of suitable physical–chemical structure; and (b) its brain is in that physical–chemical state. This means that the physical–chemical state in question must be a possible state of a mammalian brain, a reptilian brain, a mollusc’s brain (octopuses are mollusca, and certainly (...) feel pain), etc. At the same time, it must not be a possible (physically possible) state of the brain of any physically possible creature that cannot feel pain. Even if such a state can be found, it must be nomologically certain that it will also be a state of the brain of any extraterrestrial life that may be found that will be capable of feeling pain before we can even entertain the supposition that it may be pain. It is not altogether impossible that such a state will be found... . But this is certainly an ambitious hypothesis. (Putnam 1967/1975, p. 436) The belief that mental states are multiply realized is now nearly universal among philosophers, as is the belief that this fact decisively refutes the identity theory. I argue that the empirical support for multiple realization does not justify the confidence that has been placed in it. In order for multiple realization of mental states to be an objection to the identity theory, the neurological differences among pains, for example, must be such as to guarantee that they are of distinct neurological kinds. But the phenomena traditionally cited do not provide evidence of that sort of variation. In particular, examples of neural plasticity do not provide such evidence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Philosophy of Belonging: Persons, Politics, Cosmos by James GreenawayThomas W. HolmanGREENAWAY, James. A Philosophy of Belonging: Persons, Politics, Cosmos. Notre Dame, Ind.: University of Notre Dame Press, 2023. xii + 326 pp. Cloth, $125.00; paper, $50.00“Belonging” is a common theme in contemporary political discourse, but it has not yet garnered much sustained attention in terms of its philosophical significance. James Greenaway’s new book aims to address this (...) issue by offering an original and penetrating exploration into the philosophical meaning of this difficult and laden term. At the heart of his approach lies the concept of the metaxy. As explained in Plato’s Symposium and expanded by Eric Voegelin, it is a state of being-in-tension between two static states or “poles,” which can represent wisdom and ignorance, need and plenty, transcendence and immanence, eternity and time, and so forth. This becomes the foundation for Greenaway’s “hermeneutic of belonging,” which consists of two forces: “existence-from” and “existence-toward.” Existence-toward is a sort of intentionality, a consciousness of “someone or something with whom I am experiencing some kind of an affinity.” It is the “where” or “with whom” I desire to be. Existence-from is an awareness [End Page 717] of the other that a person carries within him- or herself: persons, communities, places, times that are “so significant that I cannot be who I am without them.” Greenaway argues that belonging in the abstract hinges on the metaxic tension between these two poles, variously conceived depending on the context.The second section of the book examines the different contexts in which existence-from and existence-toward play out within each person: between oneself, other persons, and the cosmos. These constitute the various aspects of what Greenaway calls “presence.” Belonging on this level means each person participates “in the grand, continual emergence of reality in all of its variety.” Presence to myself, to others, and to the cosmos as a whole reflects the metaxic tension of the hermeneutic of belonging.In the final section, Greenaway turns to explaining how belonging works in community. He begins by differentiating between the communion, or “bond and order” of a community, and communitas, the “shoulder-to-shoulder stance” that permeates political existence. Communion is a manifestation of the aforementioned hermeneutic of belonging within and among persons and the cosmos. It is the more fundamental principle of community that reflects the primordial intersubjectivity of Buber’s I–Thou: In some sense, each person is or must be involved in or available (in the sense of Gabriel Marcel’s disponibilité) to the other. Without some sort of grounding in communion, communitas becomes impossible. By contrast, communitas is the jostling, back-and-forth movement associated with the practical discernment and attainment of common political goods that Greenaway conceives, with St. Augustine, as objects of common love. These are sought out, argued about, and even fought over in everyday political life, which is marked by a shared commitment to achieving the goals associated with common political goods. The communitas is centered in the tension of belonging between the more fundamental recognition of each person as a bearer of meaning in the cosmos and the everyday business of collectively discerning and implementing the common good.But communion carries a further meaning. In addition to the more fundamental respect for myself and all others in the community as bearers of presence, it is also an awareness of all possible transcendent perfections of the community as a whole. Greenaway calls this second sense “sacramentality.” Yet this mysterious perfection is not necessarily for the here-and-now. It is, rather, another example of the hermeneutic of belonging where transcendent principles intersect with temporal reality. Thus, every community is sealed with seeming contradictions that, far from being irresolvable paradoxes, illustrate its belonging-in-tension alongside mystery. An example of one such paradox is the ideal of universal humanity: we are aware of the claims placed on us by our shared universal humanity, but we are also necessarily situated within a particular place or country or community. The idea of a universal brotherhood of man reflects one way in which transcendent perfection [End Page... (shrink)

Extant social contracts, deriving from communities of individuals, constitute a significant source of ethical norms in business. When found consistent with general ethical theories through the application of a filtering test, these real social contracts generate prima facie duties of compliance on the part of those who expressly or impliedly consent to the terms of the social contract, and also on the part of those who take advantage of the instrumental value of the social contracts. Businesspeople typically participate in multiple (...) communities and, as a consequence, encounter conflicting ethical norms. Priority rules can be devised to resolve such conflicts. The framework of extant social contracts merges normative and theoretical research in business ethics and specifies a domain for empirical studies. (shrink)

This chapter contains sections titled: Background: mapping the field of business ethics The evolution of social contract approaches to business ethics Integrative social contracts theory (ISCT) Remaining issues and promising research directions for contractarian business ethics.

Philosophy &Public Affairs, Volume 47, Issue 4, Page 412-424, Fall 2019.

During the past ten years Integrative Social Contracts Theory (ISCT) has become part of the repertoire of specialized decision-oriented theories in the business ethics literature. The intention here is to (1)␣provide a brief overview of the structure and strengths of ISCT; (2) identify recurring themes in the extensive commentary on the theory including brief mention of how ISCT has been applied outside the business ethics literature; (3) describe where research appears to be headed; and (4) specify challenges faced by those (...) who seek to reform ISCT. Key themes in the critiquing literature relate to (a) the identification process for hypernorms; (b) justification of the recognition of hypernorms; (c) proposals for considering meso or meta norms; (d)␣clarification of the relationship between stakeholder concepts and ISCT; (e) problems with potentially unoccupied moral free space; (f) sources of ethical obligation within the ISCT framework; and (g) the potential role for concepts of stakeholder dialogue and engagement. (shrink)

Fifty years ago J. J. C. Smart published his pioneering paper, “Sensations and Brain Processes.” It is appropriate to mark the golden anniversary of Smart’s publication by considering how well his article has stood up, and how well the identity theory itself has fared. In this paper I first revisit Smart’s text, reflecting on how it has weathered the years. Then I consider the status of the identity theory in current philosophical thinking, taking into account the objections and replies that (...) Smart discussed as well as some that he did not anticipate. Finally, I offer a brief manifesto for the identity theory, providing a small list of the claims that I believe contemporary identity theorist should accept. As it turns out, these are more or less the ones that Smart defended fifty years ago. (shrink)

Moral universalism centrally involves the idea that the moral assessment of persons and their conduct, of social rules and states of affairs, must be based on fundamental principles that do not, explicitly or covertly, discriminate arbitrarily against particular persons or groups. This general idea is explicated in terms of three conditions. It is then applied to the discrepancy between our criteria of national and global economic justice. Most citizens of developed countries are unwilling to require of the global economic order (...) what they assuredly require of any national economic order, for example, that its rules be under democratic control, that it preclude life-threatening poverty as far as is reasonably possible. Without a plausible justification, such a double standard constitutes covert arbitrary discrimination against the global poor. Key Words: contextualism • corruption • discrimination • Rawls • resource exports • world poverty. (shrink)

This paper extends the discussion of guanxi beyond instrumental evaluations and advances a normative assessment of guanxi. Our discussion departs from previous analyses by not merely asking, Does guanxi work? but rather Should corporations use guanxi? The analysis begins with a review of traditional guanxi definitions and the changing economic and legal environment in China, both necessary precursors to understanding the role of guanxi in Chinese business transactions. This review leads us to suggest that there are distinct types of, and (...) uses for guanxi. We identify the potentially problematic aspects of certain forms of guanxi from a normative perspective, noting among other things, the close association of particular types of guanxi with corruption and bribery. We conclude that there are many different forms of guanxi that may have distinct impacts on economic efficiency and the well-being of ordinary Chinese citizens. Consistent with Donaldson and Dunfee (1999), we advocate a particularistic analysis of the different forms of guanxi. (shrink)

This paper critiques the view that consciousness is likely something extra which accompanies or is produced by neural states, something beyond the functional cognitive processes realized in the brain. Such a view creates the `explanatory gap'between function and nomenology which many suppose cannot be filled by functionalist theories of mind. Given methodological considerations of simplicity, ontological parsimony, and theoretical conservatism, an alternative hypothesis is recommended, that subjective qualitative experience is identical to certain information-bearing, behaviour-controlling functions, not something which emerges from (...) them. This hypothesis explains the isomorphism between the structure of experience and neural organization, while providing a naturalistic account of qualiait's relational properties of informational states, not a sparate ontology of phenomenal essences. On this functionalist view, the hard, empirical problem of consciousness is to discover precisely which neural functions constitute subjective experience. (shrink)

The words quoted above distill the common secular conception of death. If we decline the traditional religious reassurances of an afterlife, or their fuzzy new age equivalents, and instead take the hard-boiled and thoroughly modern materialist view of death, then we likely end up with Gonzalez-Cruzzi. Rejecting visions of reunions with loved ones or of crossing over into the light, we anticipate the opposite: darkness, silence, an engulfing emptiness. But we would be wrong.

Evidence suggests that the Ca2+/calmodulin-sensitive adenylyl cyclase may play a key role in neural plasticity and learning in Aplysia, Drosophila, and mammals. This dually-regulated enzyme has been proposed as a possible site of stimulus convergence during associative learning. This commentary discusses the evidence that is required to demonstrate that a protein in a second messenger cascade actually functions as a molecular site of associative integration. It also addresses the issue of how a dually-regulated protein could contribute to the temporal pairing (...) requirements of classical conditioning: that relationship between stimuli display both temporal contiguity and predictability. (shrink)

In a democratic society, the social rules are imposed by all upon each. As “recipients” of the rules, we tend to think that they should be designed to engender the best attainable distribution of goods and ills or quality of life. We are inclined to assess social institutions by how they affect their participants. But there is another, oft-neglected perspective which the topic of health equity raises with special clarity: As imposers of the rules, we are inclined to think that (...) harms we inflict through the rules have greater moral weight than like harms we merely fail to prevent or to mitigate. What matters morally is not merely how we affect people, but how we treat them through the rules we impose. While current (consequentialist and Rawlsian) theorizing is dominated by the first perspective and thus supports purely recipient-oriented moral conceptions, an adequate approach to social justice requires a balancing of both. Such balancing results in a relational conception of justice, which distinguishes various ways in which an institutional scheme may causally affect the quality of life of its participants.This essay argues that the strength of our moral reason to prevent or mitigate particular medical conditions depends not only on what one might call distributional factors, such as how badly off the people affected by these conditions are in absolute and relative terms, how costly prevention or treatment would be, and how much patients would benefit from given treatment. Rather, it depends also on relational factors, that is, on how we are related to the medical conditions they suffer. It then discusses some implications of this view for understanding responsibilities for international health outcomes. (shrink)

According to the received view in philosophy of mind, mental states or properties are _realized_ by brain states or properties but are not identical to them. This view is often called _realization_ _physicalism_. Carl Gillett has recently defended a detailed formulation of the realization relation. However, Gillett’s formulation cannot be the relation that realization physicalists have in mind. I argue that Gillett’s “dimensioned” view of realization fails to apply to a textbook case of realization. I also argue Gillett counts as (...) realization some cases that should not count if realization physicalism is to be distinguished from its competitors in the usual ways. I conclude that the relation described by Gillett cannot be realization. (shrink)