Existing justifications for exclusionary rules and stays of proceedings in response to pre-trial wrongdoing by police officers and prosecutors are often thought to be counter-productive or disproportionate in their consequences. This article begins to explore whether the concept of standing to blame can provide a fresh justification for such responses. It focuses on a vice related to standing—hypocrisy—and a related vice concerning inconsistent blame. It takes seriously the point that criminal justice agencies, although all part of the State, are in (...) real terms separated from each other, and analyses the so-called separation thesis (or theses). It concludes that hypocrisy and inconsistent blame arguments could plausibly justify exclusion and stays only in relation to lower-level offending, and even there only indirectly. This is in the sense that exclusion and stays are expressions of judicial frustration with other bodies for their failure to take pre-trial wrongdoing seriously. (shrink)

Recklessness involves unreasonable/unjustified risk-taking. The argument here is that recklessness in the criminal law is best understood as nevertheless containing an element of reasonableness. To be reckless, on this view, the defendant must reasonably believe that she is exposing others to a risk of harm. If the defendant’s belief about the risk being imposed by her conduct is unreasonable, she should not be considered reckless. This point is most important in relation to offences of endangerment where recklessness sets the outer (...) limits of criminal liability. (shrink)

The question of when a person is culpable for taking an unjustified risk of harm has long been controversial in Anglo-American criminal law doctrine and theory. This survey of the approaches adopted in England and Wales, Canada, Australia, the United States, New Zealand and Scotland argues that they are converging, to differing extents, around a 'Standard Account' of culpable unjustified risk-taking. This Standard Account distinguishes between awareness-based culpability and inadvertence-based culpability for unjustified risk-taking. With reference to criminal law theory and (...) philosophical literature, the author argues that, when explained appropriately, the Standard Account is defensible and practical. Defending the Standard Account involves analysing in depth a number of controversial matters, including the meaning of advertence/awareness, the role of attitudes such as indifference in culpable risk-taking, and the question of whether negligence should be used in the criminal law. (shrink)

This book review sketches the main arguments of Findlay Stark’s book, and then goes on to develop an objection to Stark’s account of one of the core notions in the book—namely, awareness of risk.

More than one third of the human brain is devoted to the processes of seeing - vision is after all the main way in which we gather information about the world. But human vision is a dynamic process during which the eyes continually sample the environment. Where most books on vision consider it as a passive activity, this book is unique in focusing on vision as an 'active' process. It goes beyond most accounts of vision where the focus is on (...) seeing, to provide an integrated account of seeing AND looking. The book starts by pointing out the weaknesses in our traditional approaches to vision and the reason we need this new approach. It then gives a thorough description of basic details of the visual and oculomotor systems necessary to understand active vision. The book goes on to show how this approach can give a new perspective on visual attention, and how the approach has progressed in the areas of visual orienting, reading, visual search, scene perception and neuropsychology. Finally, the book summarises progress by showing how this approach sheds new light on the old problem of how we maintain perception of a stable visual world. Written by two leading vision scientists, this book will be valuable for vision researchers and psychology students, from undergraduate level upwards. (shrink)

The origin of McLuhan’s notion of acoustic space is described. It is shown that his definition of acoustic space as having its center everywhere and its margin nowhere can be traced back to the Christian mystics of the Middle Ages and the early Renaissance dating as far back as the 12th Century.

Abstract:While the medical ethics literature has well explored the harm to patients, families, and the integrity of the profession in failing to disclose medical errors once they occur, less often addressed are the moral and professional obligations to take all available steps to prevent errors and harm in the first instance. As an expanding body of scholarship further elucidates the causes of medical error, including the considerable extent to which medical errors, particularly in diagnostics, may be attributable to cognitive sources, (...) insufficient progress in systematically evaluating and implementing suggested strategies for improving critical thinking skills and medical judgment is of mounting concern. Continued failure to address pervasive thinking errors in medical decisionmaking imperils patient safety and professionalism, as well as beneficence and nonmaleficence, fairness and justice. We maintain that self-reflective and metacognitive refinement of critical thinking should not be construed as optional but rather should be considered an integral part of medical education, a codified tenet of professionalism, and by extension, a moral and professional duty. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...) the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

Professor Lewis and I have some important differences of opinion regarding the identity and distinctness of conscious persons, which it will be well to try to clarify on the present occasion, first of all by enumerating a number of points on which we are, I think, in agreement. Both of us believe in the existence of individual persons, each of whom can be said to live in a ‘world’ of his own intentional objectivity, a world ‘as it is for him’, (...) which differs in a considerable extent, both in content and emphasis, from the world as it is for anyone else. Both of us further believe that all these intentionally objective worlds for a large part coincide in content, and are in fact excerpted from a more comprehensive real world which is common to us all, and which, in addition to in some sense including all such intentionally objective worlds, also includes many real material objects which exist regardless of our intentionality, and which further includes our own material bodies, which appear in so central a manner in each of our intentionally objective worlds. Both of us believe in matter as a transcendent reality, as well as an intentional object, and are content to accept the dicta of science as to the most probable view of its structure. We are in fact quite Cartesian and Lockean in our belief in the primary and secondary qualities of matter. We believe further that our intentional subjectivity is geared causally into our material objectivity, and that the gearing takes place, in some inscrutable manner, in our nervous systems. We both also believe that our intentional subjectivity transcends bodily mechanisms and instrumentalities, and can be liberated from the latter, but that, when thus liberated, our subjectivity may still affect some sort of an intentionally objective material body such as we wear in dreams, a body in which it will manifest itself to itself and to others much as we do in our dreams and fantasies. (shrink)

The aim of this paper is to give a characterisation of religion and the Religious Spirit, basing itself on the Platonic assumption that there are Forms, salient jewels of simplicity and affinity, to be dug out from the soil of vague experience and cut clear from the confusedly shifting patterns of usage, which will give us conceptual mastery over the changeable detail in a given sector. It will further be Platonic in that it will not seek to discount the deep (...) gulfs between the species into which religion qua genus divides itself, i.e. its theistic, polytheistic and atheistic subvarieties, taking it to be of the essence of a true genus to extend itself over mutually exclusive species, only being what it is by including in its sense the alternatives which are thus mutually exclusive. And my treatment will be Platonic, thirdly, in that it will endeavour to delimit the Religious Spirit by, on the one hand, setting it over against what it excludes, all purely this-world talk and life which is quite irreligious, and by, on the other hand, opposing it to forms of talk and life which fall short of it in various ways or which deviate from it variously, thereby likewise contributing to our understanding of what it is. The practice of Plato, which could study the deviations from his ideal city in order to confirm his notion of its structure and excellence, and which also paired every ideal pattern with its opposite— piety with impiety, justice with self-interested tyranny, etc.—is plainly one to be followed: Plato, as we know from a citation from his contemporary Hermodorus in one of the Aristotelian commentators, always set beside the ‘in itself’ of the pure Form the deviant and the wholly negative which were nonetheless part of its sense. Religion will therefore stand before us as a target that it is possible to fall short of or miss altogether as well as to hit squarely, and we shall try by a series of glancing darts to end by hitting it squarely. (shrink)

The background and purpose of this paper require some explanation. It is not the product of a New Testament scholar, able to weigh and balance theories as to date, origin and doctrinal background of the text attributed to St John, nor to assess the identification of its author with the beloved Disciple elsewhere mentioned or with the author of the Apocalypse, nor to consider his relationship to Gnostics or Stoics or Essenes or other influences in the contemporary Jewish or Christian (...) ambience. It is only the effort of one who recognizes in St John's Gospel, if read with an appropriate hermeneutic, a supreme mystico-religious document which can provide guidance at every turn of the spiritual life, but which, if read in another manner, becomes only the expression of a hard-line particularism, which is not less unacceptable in that it acclaims a particular standing in a special relation to another particular on which we all depend for our existence and for all our properties. Conceive of God, or the supreme object of worship, as a particular among particulars, and as much other than ourselves as other things and persons are other, and religious reverence becomes a repugnant form of heteronomous idolatry, wrought up, moreover, with the blind acceptance of a large number of historic and cosmic myths. But conceive of God as being something beyond category-differences, and which as much transcends particularity as it transcends any form of abstract universality, and which incorporates in strict identity all those values of Truth, Love, Beauty, Justice, etc. which are all simply universality in action, and which, moreover, as much transcends personality and personal relationships as it also may have in them its supreme expression, and religion and worship at once acquire a perfect sense and reference. (shrink)

This article explores the foundational place of disharmony in Deleuze's metaphysics and examines the consequences of this for the ethics that can be drawn from his work. For Deleuze, the space in which difference manifests itself is one of discord, monstrosity and violence. This becomes evident in his revision of Leibniz's notion of harmony in which he offers a “new harmony” based on the violent discords of differential relations, his evocation of the monstrosity of difference, and his theorization of the (...) violence of thought. This paper addresses the critically neglected juncture between Deleuze's violent metaphysics and the kinds of speculative ethics that this metaphysics calls forth. (shrink)

Arthur Fine and André Kukla have argued that realism and instrumentalism are indifferent with respect to scientific practice. I argue that this claim is ambiguous. One interpretation is that for any practice, the fact that that practice yields predictively successful theories is evidentially indifferent between scientific realism and instrumentalism. On the second construal, the claim is that for any practice, adoption of that practice by a scientist is indifferent between their being a realist or instrumentalist. I argue that there are (...) no good arguments for the indifference claim under the second interpretation, and good reasons to think that it is false. (shrink)

Professor Findlay in this book, originally published in 1961, set out to justify, and to some extent carry out, a ‘material value-ethic’, ie. A systematic setting forth of the ends of rational action. The book is in the tradition of Moore, Rashfall, Ross, Scheler and Hartmann though it avoids altogether dogmatic intuitive methods. It argues that an organised framework of ends of action follows from the attitude underlying our moral pronouncements, and that this framework, while allowing personal elaboration, is (...) not a matter for individual decision. The relations connecting our fundamental value-judgements with one another, and the frames of mind behind them, are not rigorously deductive but are sufficiently compelling to be called logical. Something of a ‘transcendental deduction’ of a well-ordered family for our basic heads of valuation is both possible and necessary. The work is further critical of the notion of obligation which has been extended far beyond legal contracts and understandings. The book also contains a chapter on religion. (shrink)

I am addressing you this evening in a somewhat unfamiliar theme: that of “logical values” or “values in speaking.” I do so since the points I want to raise come up very constantly in contemporary discussion, and yet are seldom made the object of explicit reflection. There are, it is plain, a large number of qualities which appeal to us in our utterances, whether in the setting forth of our notions in words, or in the weaving of such words into (...) sentences. And they may be said to appeal to us in a peculiar manner, and to satisfy a special set of interests in us, which we may group together as the “logical side” of our nature. Thus most people would say that clarity, relevance, coherence, solid significance and simplicity were merits in speaking, and that so also was truthful conformity to the facts of experience, whether in their general outline or their concrete detail. And everyone would admit readily that such excellences “belonged together,” that they were somehow akin, and that they differed profoundly from such virtues in speaking as poetic felicity, practical helpfulness, or moral and religious inspiration. And most people would also be willing to say, with a great deal of obscurity and most puzzling conviction, that the appeal of such qualities wasn't “merely momentary and personal,” but had something “solid” and “universal” about it, that a man would be foolish not to value such qualities, and that he couldn't help valuing them if he only thought of them sufficiently. And we should recommend such qualities to the approval of others with an air of earnestness and authority, setting them on a level, in this respect, with those other excellences that are called “ethical” and “aesthetic.” But while we could back our recommendation in the last two types of case with a great deal of systematic doctrine, built up in centuries of reflection, we should have little to bring forward in the former case, since the excellences that I want to call “logical,” though often acknowledged, have seldom been made the objects of systematic reflection. Perhaps this is due to the fact that the “true” has generally been ranged alongside of the “good” and the “beautiful” as a species of “ultimate value.”. (shrink)

Darwin’s theory of evolution by natural selection is central to modern biology, but is resisted by many people. This paper discusses the major psychological obstacles to accepting Darwin’s theory. Cognitive obstacles to adopting evolution by natural selection include conceptual difficulties, methodological issues, and coherence problems that derive from the intuitiveness of alternative theories. The main emotional obstacles to accepting evolution are its apparent conflict with valued beliefs about God, souls, and morality. We draw on the philosophy of science and on (...) a psychological theory of cognitive and emotional belief revision to make suggestions about what can be done to improve acceptance of Darwinian ideas. (shrink)

Sir David Ross, Ladies And Gentlemen: I Have chosen as the topic of this inaugural lecture that of “having in mind,” the manner or manners in which things come before us in consciousness, are present to our thoughts, or are in some way “there for us.” Alternatively, I might say that I want to consider whatever may be involved in saying that we can turn our thoughts in this or that direction, that we can let them dwell on this or (...) that actuality or possibility, whether what we thus concern ourselves with be picked out from our present environment, or reached for beyond it. I like this second “active” way of describing my subject-matter much less than my first, impersonal way of speaking, for reasons that I shall try to make plain in the course of this lecture. I wish, in short, to give you a tentative anatomy of our conscious life, and to sketch the fundamental dimensions into which it may be differentiated. This task is important, since the puzzles which concern the presence of objects to our minds are of a peculiarly deep-seated and refractory sort: they are also puzzles which infect our treatment of practically all other philosophical questions. It is not that certain arbitrarily chosen ways of speaking confuse us, which could be readily bettered by keeping our eyes on the facts: it is rather as if our subject-matter itself confused us, and tempted us to describe it in ways which only serve to deepen mystery and perplexity, and which ultimately plunge us into nonsense. (shrink)

This paper is an attempt to clarify our talk about minds and thoughts—our own minds and the thoughts which run through them and which we know directly, as well as the minds of other people and the thoughts with which we credit them. We do so in order to be able to characterize satisfactorily our whole performance in talking about minds and thoughts, the rules according to which such talk operates and the goals it purports to reach. We also hope (...) to evaluate, in the light of such a characterization, a number of more elaborate ways of speaking about minds and thoughts, so as to become clear as to their advantages or disadvantages in comparison with more ordinary ways of speaking. The whole investigation is well worth undertaking, since it has long been evident that our talk about mind and thought is, to a peculiar extent, liable to become the seat of certain deep perplexities, which do not arise when we deal with unusual material on the borderlines of knowledge, but which tend, rather, to obtrude themselves in commonplace situations, and to trouble our grasp of the most obvious notions and the most evident truths. Such perplexities, broadly covered by the word “philosophical,” are rendered very stubborn by their objects and their origin. For when we are dealing with things remote, strange and intricate, we have at least a firm foothold in the well-known, simple and near, and a clear set of terms to talk with; but we hardly seem to have a perch to hop to, or any intelligible language left to talk in, when the obvious itself begins to present difficulties. And it is also characteristic of most of the difficulties we are considering that in them the burning zone of perplexity seems to shift erratically from issue to issue, that each expedient adopted to meet them involves us in new problems, that men cannot ever agree as to the best expedient or the least serious difficulty, and that, in the outcome, they resemble nothing so much as a set of sleepers under inadequate coverings, some of whom prefer exposure in one place, while others prefer it in another. (shrink)

First published in 1974, J.N. Findlay's classic work on Plato has now been re-issued.

Professor Findlay in this book, originally published in 1961, set out to justify, and to some extent carry out, a ‘material value-ethic’, ie. A systematic setting forth of the ends of rational action. The book is in the tradition of Moore, Rashfall, Ross, Scheler and Hartmann though it avoids altogether dogmatic intuitive methods. It argues that an organised framework of ends of action follows from the attitude underlying our moral pronouncements, and that this framework, while allowing personal elaboration, is (...) not a matter for individual decision. The relations connecting our fundamental value-judgements with one another, and the frames of mind behind them, are not rigorously deductive but are sufficiently compelling to be called logical. Something of a ‘transcendental deduction’ of a well-ordered family for our basic heads of valuation is both possible and necessary. The work is further critical of the notion of obligation which has been extended far beyond legal contracts and understandings. The book also contains a chapter on religion. (shrink)

The Routledge Handbook of Emergence is an outstanding reference source and exploration of the concept of emergence, and is the first collection of its kind.