Philosophy &Public Affairs, Volume 47, Issue 2, Page 208-254, Spring 2019.

The proposal that the criminal justice system should focus on rehabilitation – rather than retribution, deterrence, or expressive denunciation – is among the least popular ideas in legal philosophy. Foremost among rehabilitation’s alleged weaknesses is that it views criminals as blameless patients to be treated, rather than culpable moral agents to be held accountable. This article offers a new interpretation of the rehabilitative approach that is immune to this objection and that furnishes the moral foundation that this approach has lacked. (...) The view rests on the principle that moral agents owe it to one another to maintain the dependability of their moral capacities. Agents who culpably commit criminal wrongs, however, betray an unacceptable degree of moral unreliability. Punishment, on this theory, consists in the enforcement of the duties that offenders have to reduce their own likelihood of recidivism. (shrink)

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

The idea that victims of social injustice who commit crimes ought not to be subject to punishment has attracted serious attention in recent legal and political philosophy. R. A. Duff has argued, for example, a states that perpetrates social injustice lacks the standing to punish victims of such injustice who commit crimes. A crucial premiss in his argument concerns the fact that when courts in liberal society mete out legitimate criminal punishments, they are conceived as acting in the name of (...) all citizens—on behalf of the whole political community. Resisting this premiss, Peter Chau has suggested that courts ought to be conceived as acting only in the name of “just citizens”: citizens who cannot be plausibly seen as having contributed to distributive injustice. When conceived in this way, Chau argues, courts can no longer plausibly be regarded as lacking standing to punish. This article uses the debate between Duff and Chau to explain why the question of whether to punish socially deprived offenders can only be answered adequately when connected to broader concerns of democratic theory. Specifically, it argues that Chau’s proposal is not available within the context of the kind of political community upon which (Duff rightly believes) a system of liberal criminal law depends for its justification and maintenance: a community in which citizens see the law as embodying shared norms whose specific demands they disagree about. State officials are morally permitted to see themselves as acting on behalf of a subset of the citizenry, I argue, only in circumstances of democratic crisis : circumstances in which a moral community can no longer be plausibly said to exist. (shrink)

The Monty Hall Problem (MHP), a process of two-stage decision making, was presented in atypical form via a custom software game. Differing from the normal three-box MHP, the game added one additional box on-screen for each game—culminating on game 23 with 25 on-screen boxes to initially choose from. A total of 108 participants played 23 games (trials) in one of four conditions; (1) “Vanish” condition—all non-winning boxes totally removed from the screen; (2) “Empty” condition—all non-winning boxes remain on-screen, but with (...) an “empty” label on them; (3) “Steroids” condition—all non-winning boxes removed from the screen, with initially chosen box becoming 25% larger; (4) “Steroids2” condition—all non-winning boxes removed from the screen, box not currently chosen becomes 25% larger. Results indicate second-stage on-screen presence of boxes influences switching; with their absence having the opposite effect. Size manipulation appears to elicit demand characteristics resulting in indeterminate influence. (shrink)

Should governments pay ransoms to terrorist organisations that unjustly kidnap their citizens? The United Kingdom and the United States refuse to negotiate with terrorist groups that kidnap and threaten to kill their people. In contrast, continental European countries, such as France and Germany, have regularly paid ransoms to rescue hostages. Who is right? This debate has raged in the public domain in recent years, but no sustained attempt has been made to subject the matter to philosophical scrutiny. This article explores (...) this issue, focusing on the case of ransom payments to terrorist organisations. It contends that the state's duty to protect its citizens from murder grounds a defeasible obligation to pay ransoms. It considers the objection that a policy of paying ransoms endangers citizens abroad by increasing the likelihood of future kidnappings, and it explains why this objection is not sufficiently weighty. It then identifies a more powerful objection: namely, that a state's payment of ransoms makes the state complicit in the serious injustices that its ransom payments fund. It concludes that unless states can offset their contributions to such injustices, paying ransoms is wrong. (shrink)

Why, exactly, should we punish children who commit crimes more leniently than adults who commit the same offenses? Gideon Yaffe thinks it is because they cannot vote, and so the strength of their reasons to obey the law is weaker than if they could. They are thus less culpable when they disobey. This argument invites an obvious objection: why not simply enfranchise children, thereby granting them legal reasons that are the same strength as enfranchised adults, and so permitting similarly severe (...) punishment? Yaffe answers this question by arguing that child enfranchisement would objectionably undermine the values of political equality and self-government. This article explores some serious doubts about these arguments. It closes by questioning Yaffe’s reliance on a retributivist theory of punishment, contending that, once we reject retributivism in favor of more humane and productive alternatives, the thesis that child criminals deserve a break—which Yaffe assumes to be undeniably correct—becomes less plausible. (shrink)

In this introduction, we provide a brief overview of the debate on religion in political philosophy. We present the main arguments defended by Cécile Laborde in Liberalism’s Religion and explain how these arguments contribute to the debate.

For nearly half a century, Quentin Skinner has been the world's foremost interpreter of Thomas Hobbes. When the contextualist mode of intellectual history now known as the “Cambridge School” was first asserting itself in the 1960s, the life and writings of John Locke were the primary topic for pioneers such as Peter Laslett and John Dunn. At that time, Hobbes was still the plaything of philosophers and political scientists, virtually all of whom wrote in an ahistorical, textual-analytic manner. Hobbes had (...) not been the subject of serious contextual research for decades, since the foundational writings of Ferdinand Tönnies. For Skinner, he was thus an ideal subject, providing a space for original research on a major figure, and an occasion for some polemically charged methodological manifestos. Both of these purposes animated his 1965 article “History and Ideology in the English Revolution,” and his 1966 article “The Ideological Context of Hobbes's Political Thought”. The latter of these remains to this day one of the most widely cited scholarly articles in the fifty-year run of Cambridge's Historical Journal. Among other results of these early efforts was the scholarly controversy during which Howard Warrender chided Skinner for having reduced the “classic texts in political philosophy” to mere “tracts for the times”. (shrink)

If militarism violates the ideals of liberty and justice in one way, and rapidly increasing social stratification violates them in another, then American democracy is in crisis. A culture of democratic accountability will survive only if citizens revive the concerns that animated the great reform movements of the past, from abolitionism to civil rights. It is crucial, when reasoning about practical matters, not only to admit how grave one's situation is, but also to resist despair. Therefore, the fate of democracy (...) depends, to some significant degree, on how we choose to describe the crisis. Saying that we have already entered the new dark ages or a post-democratic era may prove to be a self-fulfilling prophecy, because anyone who accepts this message is apt to give up on the hard work of organizing and contestation that is needed to hold political representatives accountable to the people. This paper asks how one might strike the right balance between accuracy and hope in describing the democracy's current troubles. After saying what I mean by democracy and what I think the current threats to it are, I respond to Romand Coles's criticisms of reservations I have expressed before about rhetorical excess in the works of Stanley Hauerwas, Alasdair MacIntyre, and Richard Rorty. This leads to a discussion of several points raised against me by Hauerwas. A digression offers some of my reasons for doubting that John Howard Yoder's biblical scholarship vindicates Hauerwas's version of pacifism. The paper concludes by arguing that Sheldon Wolin's work on the evisceration of democracy, though admirably accurate in its treatment of the dangers posed by empire and capital, abandons the project of democratic accountability too quickly in favor of the romance of the fugitive. (shrink)

The definitive biography of Alain Locke, the first African American Rhodes Scholar and Harvard PhD in philosophy, Howard University philosophy scholar, and architect of the Harlem Renaissance, who mentored a generation of artists including Langston Hughes and Zora Neale Nurston and promoted the work of African Americans as the quintessential creators of American modernism. This biography explores his professional and private life, including his relationships with white patrons and his lifelong search for love as a gay man.

PC Wars: Politics and Theory in the Academy addresses the very issue of political correctness and the current skirmishes in the culture wars. It includes statements from many of our leading contemporary public intellectuals, including Joan Wallach Scott, Michael Be;rube;, Bruce Robbins, Henry Giroux, and Gerald Graff. The collection marks a watershed in the debate about "pc" in that it presents serious considerations and analyses of the factors, causes, and consequences of the culture wars. Carefully examining the construction of "pc," (...) PC Wars analyses political correctness by focusing on the mass media, class politics, and the ideology of managerial democracy. It places the disputes around "pc" in the context of contemporary developments in critical and cultural theory and the current backlash against theory, manifested in the recent attacks on Marxism, feminism and deconstruction. The book also scrutinizes the undercurrents of anti-intellectualism and anti-professionalism which have tended to create a fertile ground for the "pc" hysteria. Offering much more than slogans and slinging arrows, PC Wars provides a spirited and critical look at the reaction, ideology, and political forces that have coalesced around the term. Contributors: Michael Be;rube;, Reed Way Dasenbrock, Frank Farmer, Henry Giroux, Gerald Graff, Darlene Hantzis and Devoney Looser, John S. Howard and James M. Lang, Tom Lewis, James Neilson, Christopher Newfield, Richard Ohmann, Burce Robbins, Barry Sarchett, Joan W. Scott, Michael Sprinker, Jeffrey Williams. (shrink)

In recent discussions in this journal, Moti Mizrahi defends the claim that knowledge equals epistemic certainty. Howard Sankey finds Mizrahi’s argument to be problematic, since, as he reads it, this would entail that justification must guarantee truth. In this article, I suggest that an account of the normativity of justification is able to bridge the gap between Mizrahi’s proposal and Sankey’s objections.

Though there is no escape from the recognition of the community-dependent quality of moral knowledge, Jeffrey Stout is right to affirm the possibility of value-laden communication across community boundaries. My quarrel is not with his affirmation but with his effort to defend that affirmation by falling back on the project of establishing some universally recognized prohibition. I draw a contrasting model from the sixth century prophets in order to recast the question in light of the actual, powerful, transformative telling (...) of "good news" by one particular people to another. Concerning the possibility of such barrier-bridging communication, there is a long and venerable history of success that has not been accorded its due weight, perhaps because we are not accustomed to looking to the fields of translation and mission work for guidance in addressing moral and philosophical problems. (shrink)

Two partition-theorems are proved for a particular causal decision theory. One is restricted to a certain kind of partition of circumstances, and analyzes the utility of an option in terms of its utilities in conjunction with circumstances in this partition. The other analyzes an option's utility in terms of its utilities conditional on circumstances and is quite unrestricted. While the first form seems more useful for applications, the second form may be of theoretical importance in foundational exercises. Comparisons are made (...) with theorems of Richard Jeffrey, Brad Armendt, and Peter Fishburn. (shrink)

There are narrowest bounds for P(h) when P(e) = y and P(h/e) = x, which bounds collapse to x as y goes to 1. A theorem for these bounds -- bounds for probable modus ponens -- entails a principle for updating on possibly uncertain evidence subject to these bounds that is a generalization of the principle for updating by conditioning on certain evidence. This way of updating on possibly uncertain evidence is appropriate when updating by ’probability kinematics’ or ’Jeffrey-conditioning’ (...) is, and apparently in countless other cases as well. A more complicated theorem due to Karl Wagner -- bounds for probable modus tollens -- registers narrowest bounds for P(not h) when P(not e) = y and P(e/h) = x. This theorem serves another principle for updating on possibly uncertain evidence that might be termed ’contraditioning’, though it is for a way of updating that seems in practice to be frequently not appropriate. It is definitely not a way of putting down a theory -- for example, a random-chanc. (shrink)

Responses to Newcomb-like challenges to evidential decision theories such as Jeffrey’s “logic of decision” range from allegations of incoherence and irrelevance; through stonewalling - “Just one box for me, thank you.“; to arguments that maintain that when properly applied by an ideal agent such theories get the right answers and, for example, prescribe the taking of both boxes, not just one; on to conservative revisions of evidential decision theories that are held to get these supposedly right answers while remaining (...) true to its evidential, Humean spirit; and finally to responses of radical revisionists who claim that only causal decision theories can get all Newcomb-like problem cases right. I discuss responses of the first sort in another paper - “Newcomb-like Problems for Jeffrey’s Logic of Decision.”. (shrink)

20 June 2004. In “The Appointment,” Puzzles for the Will, 1998, Chapter II, Appendix, I say that the provenance of the tale was then unsettled. Jeffrey Archer wrote that it remained so in 2000 “despite extensive research”.

Jeffrey Howard has recently argued that entrapment and similar phenomena are wrongful - and wrong the induced agent - because they violate a regulative obligation of respect for the first moral power According to Howard, this obligation grounds a duty not to foreseeably increase the likelihood that another agent acts wrongly While I accept the existence of the more fundamental obligation, I try to show that it doesn't support DUTY. Therefore, it doesn't support the wrongfulness of entrapment (...) and similar phenomena. I do this by offering a more nuanced account of FMP's value, and one more attuned to certain liberal thoughts about agency. I then suggest a fairly minimalist picture of what respect for FMP involves, but close in a constructive spirit by sketching an alternative argument for DUTY based on the telos of FMP. (shrink)

Jeffrey E. Brower presents and explains the hylomorphic conception of the material world developed by Thomas Aquinas, according to which material objects are composed of both matter and form. In addition to presenting and explaining Aquinas's views, Brower seeks wherever possible to bring them into dialogue with the best recent literature on related topics. Along the way, he highlights the contribution that Aquinas's views make to a host of contemporary metaphysical debates, including the nature of change, composition, material constitution, (...) the ontology of stuff vs. things, the proper analysis of ordinary objects, the truthmakers for essential vs. accidental predication, and the metaphysics of property possession. (shrink)

The loss of the federally protected constitutional right to an abortion is a threat to the already tenuous autonomy of pregnant people, and may augur future challenges to their right to refuse unwanted obstetric interventions. Even before Roe’s demise, pregnancy led to constraints on autonomy evidenced by clinician-led legal incursions against patients who refused obstetric interventions. In Dobbs v. Jackson Women’s Health Organization, the Supreme Court found that the right to liberty espoused in the Constitution does not extend to a (...) pregnant person’s right to an abortion. With Roe’s demise, the right to request specific types of care has been vitiated. The same argument underpinning that holding may now become ballast for attacks on the traditionally more robust right, the right to refuse. Here we discuss how the elevation of fetal and embryonic rights may lead to a cascade of medical intrusions and deprivations of liberty against pregnant persons, and offer an argument opposing these improprieties. (shrink)

In ‘Induction and Natural Kinds’, I proposed a solution to the problem of induction according to which our use of inductive inference is reliable because it is grounded in the natural kind structure of the world. When we infer that unobserved members of a kind will have the same properties as observed members of the kind, we are right because all members of the kind possess the same essential properties. The claim that the existence of natural kinds is what grounds (...) reliable use of induction is based on an inference to the best explanation of the success of our inductive practices. As such, the argument for the existence of natural kinds employs a form of ampliative inference. But induction is likewise a form of ampliative inference. Given both of these facts, my account of the reliability of induction is subject to the objection that it provides a circular justification of induction, since it employs an ampliative inference to justify an ampliative inference. In this paper, I respond to the objection of circularity by arguing that what justifies induction is not the inference to the best explanation of its reliability. The ground of induction is the natural kinds themselves. (shrink)

A brief article on faith as a psychological attitude.

The chapter introduces and characterizes the notion of fittingness. It charts the history of the relation and its relevance to contemporary debates in normative and metanormative philosophy and proceeds to survey issues to do with fittingness covered in the volume’s chapters, including the nature and epistemology of fittingness, the relations between fittingness and reasons, the normativity of fittingness, fittingness and value theory, and the role of fittingness in theorizing about responsibility. The chapter concludes with a brief discussion of issues to (...) do with fittingness that aren’t covered extensively by the volume’s chapters in order to indicate avenues for further research. (shrink)

Published in 1982 by CUP (pb. 2009) it discusses the forms of materialism then current, including Davidson, early Rorty, but concentrating on Smart and Armstrong, and arguing that central state materialism fails to give a better 'occurrent' account of conscious states than does behaviourism/functionalism, as Armstrong claims. The book starts with a version of the 'knowledge argument' and ends with a chapter claiming that our conception of matter/the physical is more problematic than our conception of mind.

It has been repeatedly argued, most recently by Nicholas Maxwell, that the special theory of relativity is incompatible with the view that the future is in some degree undetermined; and Maxwell contends that this is a reason to reject that theory. In the present paper, an analysis is offered of the notion of indeterminateness (or "becoming") that is uniquely appropriate to the special theory of relativity, in the light of a set of natural conditions upon such a notion; and reasons (...) are given for regarding this conception as (not just formally consistent with relativity theory, but also) philosophically reasonable. The bearings upon Maxwell's program for quantum theory are briefly considered. (shrink)

Background: Current practice frequently fails to provide care consistent with the preferences of decisionally-incapacitated patients. It also imposes significant emotional burden on their surrogates. Algorithmic-based patient preference predictors (PPPs) have been proposed as a possible way to address these two concerns. While previous research found that patients strongly support the use of PPPs, the views of surrogates are unknown. The present study thus assessed the views of experienced surrogates regarding the possible use of PPPs as a means to help make (...) treatment decisions for decisionally-incapacitated patients. -/- Methods: This qualitative study used semi-structured interviews to determine the views of experienced surrogates [n=26] who were identified from two academic medical centers and two community hospitals. The primary outcomes were respondents’ overall level of support for the idea of using PPPs and the themes related to their views on how a PPP should be used, if at all, in practice. -/- Results: Overall, 21 participants supported the idea of using PPPs. The remaining five indicated that they would not use a PPP because they made decisions based on the patient’s best interests, not based on substituted judgment. Major themes which emerged were that surrogates, not the patient’s preferences, should determine how treatment decisions are made, and concern that PPPs might be used to deny expensive care or be biased against minority groups. -/- Conclusions: Surrogates, like patients, strongly support the idea of using PPPs to help make treatment decisions for decisionally-incapacitated patients. These findings provide support for developing a PPP and assessing it in practice. At the same time, patients and surrogates disagree over whose preferences should determine how treatment decisions are made, including whether to use a PPP. These findings reveal a fundamental disagreement regarding the guiding principles for surrogate decision-making. Future research is needed to assess this disagreement and consider ways to address it. (shrink)

This chapter starts by restating the causal-hallucinatory argument against naive realism. This argument depends on the possibility of “philosophers' hallucinations.” It draws attention to the role of what the chapter refers to as the nonarbitrariness of philosophers' hallucinations in supporting this argument. The chapter then discusses three attempts to refute the argument. Two of them, those associated with John McDowell and with Michael Martin, are explicitly forms of disjunctivism. The third, exemplified by Mark Johnston, has, the chapter claims, disjunctivist features. (...) None of these responses to the argument is plausible. (shrink)