Punishment misunderstood -- The ratchet effect in theory -- The mixed signs in suffering -- The legal punishers -- The legally punished -- The punitive impulse in American society -- The law against itself -- Coda : the psychology of punishment.

The separation of church and state disguised the coordination of two very different conceptions of liberty at work in Revolutionary America, one with a religious basis in radical Protestant thought and the other with a legal basis in the secular Enlightenment. The essay combines the disciplines of law, literature, and intellectual history to investigate these contrasting formulations and their changing relationship. Cross-cultural analysis of the language of protest in both England and America gives the investigation a crucial focus. It also (...) explains a larger movement from direct influence to refraction in Anglo-American relations. (shrink)

The sounds of the college campus raise important questions of participation, identity, privilege, disability, and marginalization. During the 2019–2020 academic year, three university instructors from distinct disciplines (music, history, and political science) and a student research assistant (history) used sound as a method for inquiring into contested and erased sites on the campus of Western Carolina University, a regional comprehensive university located in the southeastern United States. The project came to be called Sonic Histories. Paid student volunteers were led on (...) a soundwalk and completed three online questionnaires that engaged questions of race and belonging on campus. This study presents findings on how students experience and interpret contested and erased sites through sounds heard and imagined. Sonic Histories explores two central questions. Historically, whose voices have been included and whose have been excluded on college campuses? How can sound promote awareness of racialized spaces and, in turn, achieve social engagement? The authors challenge the triumphant narrative of campus histories, which highlights racial reconciliation and progress while eliding the ways predominantly white campuses still exclude minorities. By re-centering minority voices in campus spaces, the authors explore the systemic exclusion of minorities that has occurred on college campuses across the country. At a time when places of higher education are refining and developing their commitment to diversity and inclusivity—while assessing their past in honest ways—the Sonic Histories project builds upon ongoing initiatives to position the college campus as a scholarly community that lives up to its democratic ideals of inclusion. (shrink)

According to some accounts of exploitation, most notably Ruth Sample’s degradation-based account and Robert Goodin’s vulnerability-based account, exploitation occurs when an advantaged party fails to constrain their advantage in light of another’s disadvantage, regardless of the cause of this disadvantage. Because the duty of constraint in these accounts does not depend on the cause of the disadvantage, the advantaged’s duty of constraint is what I call a ‘come-what-may’ duty. I show that come-what-may duties create moral hazards that can themselves (...) be exploited by the disadvantaged parties. In such cases these accounts of exploitation are either self-frustrating or over-demanding. (shrink)

This is a bibliography of R.K. Meyer's published articles on relevant arithmetic.

In this thesis I present a rights-based theory of exploitation. I argue that successful conceptions of exploitation should begin with the ordinary language claim that exploitation involves `taking unfair advantage'. Consequently, they must combine an account of what it means to take advantage of another with an account of when transactions are unfair. Existing conceptions of exploitation fail to provide adequate accounts of both aspects of exploitation. -/- Hillel Steiner and John Roemer provide convincing accounts of the unfairness involved in (...) exploitation, but because they fail to provide restrictive `advantage taking' conditions, their theories of exploitation include cases that we would not ordinarily describe as exploitations. Ruth Sample and Robert Goodin provide accounts that place a stronger emphasis on the attitudes involved in exploitation and the processes that bring it about. Unfortunately, these theories do not properly incorporate the unfairness aspect of exploitation. Consequently, they are either self-frustrating or incomplete. -/- I provide a conception of exploitation that combines both aspects. I claim that a bilateral, strictly Pareto improving, and voluntary transaction t between A and B is exploitative just in case (1) there exists an unrectified property rights violation at some point in the history of exchanges leading to t that (2) reduces B's bargaining power by altering her status quo point, and (3) the degree to which B's preferences are satisfied in t is less than it would be had B's bargaining power not been reduced (by the alteration of her status quo point). Further, (4a) A's egoistic preferences are better satisfied in t because B's bargaining power is limited, and (4b) if the previous conditions also hold for A, then the reduction in A's bargaining power is less than the reduction in B's bargaining power. Finally, (5) A truly believes the previous conditions hold. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:An Intervention into the Flew/Fogelin Debate Kenneth G. Ferguson Under an aggressive title, Robert FogeUn has recently undertaken to reveal "What Hume Actually Said About Miracles."1 He felt this necessary to correct whathe considers a serious misreading ofHume's essay "OfMiracles" (sec. 10 ofthe Enquiries2), a reading which infers that Hume did not argue thatmiracles are impossible a priori (Fogelin, 81). One writer at least regards this reading (...) so common that she has dubbed it the "traditional interpretation" of Hume's account of miracles.3 At any rate, it finds a strong advocate in Anthony Flew,4 against whom the majority ofFogelin's comments are directed. What I find fascinating about this debate is that both Flew and FogeUn appear to be right. On the one hand, Hume does have the textual resources to marshall a fully deductive argument against miracles, at least, once a strict definition of miracles is admitted. On the other hand, while exploiting these resources, Hume somewhat clumsily mingles in vestiges ofa not-fully consistent inductive argument against miracles which he bases on the balancing of probabilities. I will attempt to identify these two skeins ofargument, in the anticipation that this will help to temper the debate between Flew and Fogelin. Hume opens section 10by promisingan argument that will furnish "an everlasting check to all kinds of superstitious delusion" (E 110). Moreover, he claims that "there is here a direct and full proof... against the existence of any miracle" (E 115), a quote which Fogelin repeats seven times (toextractits full flavour). C. S. Peirce, wholate inlife took an interest in Hume's argument, conjectured that Hume hoped to provide a general disproof of all miracles that would not require "a minute analysis of each story"; such a procedure was in fact popular amongthe miracle debunkers ofHume's day, forexample, Rev. Thomas Woolston, whose books were extremely popular.5 Hume's boast of "a direct and full proof might be assumed, offhand, to augur an a priori argumentbased on the comparison ofideas; butitmust notbe forgotten that back in the Treatise (for which the essay "Of Miracles" was originally drafted6) Hume defines a "proof" as an argument "deriv'd from the relation of cause and effect."7 There he contrasts "proofs" explicitly with the type of assured knowledge that comes "from the comparison ofideas" (T 124). Still, Hume requires that proofs, despite their empirical origin, must nonetheless be "entirely free from doubt Volume XVII Number 2 105 KENNETH G. FERGUSON and uncertainty" (T 124); proofs, then, must be superior to ordinary causal arguments that are able to offer only a degree of probability (T 124). By his own examples, namely, that "the sun will rise to-morrow" and "all men must dye" (T 124), likewise from the essay "Of Miracles" itself, that "lead cannot, of itself, remain suspended in the air" and that "fire consumes wood" (E 114), Hume makes it clear that "proofs" are simply to be causal arguments uniformly confirmed by a great wealth of past experience: empirical conclusions so sound that any who deny them "wou'd appear ridiculous" (T 124). Taking Hume's definition of "proof" to heart, we might infer that his "direct and full proof against miracles is not then to be an a priori or deductive conclusion, but instead merely a fully convincing induction, along the Unes of"all men must dye." This,would appear to dispel Fogelin's hope to portray the argument as a priori; but the logic ofHume's special proofagainst miracles is somewhat complicated. As Hume's own selection of examples verify, a proof, at least ordinarily, issues in the confirmation of a law of nature. This contrasts with the special proof against miracles where the object is, of course, not to defend a law of nature, but rather to exploit reasoning about the formation of such laws to prove a result regarding the occurrence of miracles. The proof against miracles, consequently, concerns causes, but is not necessarily a causal argument in the ordinary sense. Indeed, it might be properly thought ofas a "meta-causal" argument, if such a term is allowed. And such an argument may potentially have, as Fogelin proposes, an a priori... (shrink)

In ''''A Defense of Evolutionary Ethics'''' (1986), Robert J. Richardsendeavors to explain how moral ''oughts'' can be derived from thescience of evolutionary biology without committing the dreadednaturalistic fallacy. First, Richards assumes that ''ought'' as usedin ethical discourse bears the same meaning as ''ought'' used anywherein science, indicating merely that certain results or behaviors arepredicted based on prior structured contexts. To this extent, themoral behavior of animals, what they ''ought'' to do, could arguablybe predicted by evolutionary biology as effectively as, (...) say,molecular behavior may be predicted by chemistry. But afteracknowledging that biological inferences to this limited senseof ''ought'' were never contested by Moore''s naturalistic fallacy,Richard proposes to add to evolutionary ethics a decision procedureto determine which members of a set of predicted behaviors arethose which truly ought to occur – in the genuinelyprescriptive sense intended by ethical discourse. But theprocedure which Richards fabricates for this purpose appealsto such alleged ''facts'' as cultural conventions and moral opinionpolling, hardly a secure foundation for the sort of scientific ethics promised by Richards at the outset. (shrink)

This paper explores the relationship between eugenics, disability, and dehumanization, with a focus on forms of eugenics beyond Nazi eugenics.

Though he has worked almost exclusively in collaborative mediums like radio and film, Orson Welles has always tended to think of himself as an individual author. "Any production in any medium is a one-man production," he said to me. On the question of sharing creative responsibility for the works that bear his name, he is deeply ambivalent. His insistence on multiple billings for himself is legendary. As I can well testify, the very mention of the term collaboration at a wrong (...) moment can be enough to send him into a rage. The controversy over who scripted Citizen Kane initiated by Pauline Kael hurt him very deeply. That the wound still festers to this day is evident in the rancor with which he speaks of former associates like John Houseman. Yet in quieter moments he will fully concede how indispensable his principal collaborators have been to him and will openly discuss the nature and extent of their contributions. He is especially full of praise for cinematographers with whom he has worked over the years, such as Gregg Toland, Russell Metty, and, more recently, Gary Graver. On Citizen Kane, he singles out four individuals whom he thinks deserve special recognition: writer Herman Mankiewicz, art director Perry Ferguson, composer Bernard Herrmann, and Toland. Of these, he says, Toland's contribution to the film was the greatest, second in importance only to his own. In this essay I deal with the history and nature of Welles' collaboration with Toland on Citizen Kane—what brought them together, their working relationship, and the characteristics and rationale of the visual plan they created for the film. As we shall see, Toland brought a largely pre-conceived visual plan to Citizen Kanewhich he had been working out in his previous films. Welles accepted Toland's plan so readily because he recognized how dramatically appropriate it was to the story material. Toland's cinematography for Citizen Kane also left a major legacy to Hollywood films of the 1940s.Robert L. Carringer, is associate professor of English and cinema studies at the University of Illinois at Urbana-Champaign. This essay is excerpted from his book in progress, The Road through Xanadu. His most recent contribution to Critical Inquiry was "The Scripts of Citizen Kane". (shrink)

This is a bilingual edition of the selected peer-reviewed papers that were submitted for the International Symposium on Jesuit Studies on the thought of the Jesuit Francisco Suárez (1548-1617). The symposium was co-organized in Seville in 2018 by the Departamento de Humanidades y Filosofía at Universidad Loyola Andalucía and the Institute for Advanced Jesuit Studies at Boston College. Suárez was a theologian, philosopher and jurist who had a significant cultural impact on the development of modernity. Commemorating the four-hundredth anniversary of (...) his death, the symposium studied the work of Suárez and other Jesuits of his time in the context of diverse traditions that came together in Europe between the late Middle Ages, the Renaissance, and early modernity. (shrink)

Ethical principles and precepts -- The evolution of morality -- Ethics and law -- Exchange and reciprocity : conflict in personal relationships -- Ethics and the physical sciences -- Ethics and medicine -- Ethics and politics -- Ethics and business -- Ethics and war -- What does all this mean for the future? -- Appendix : relations to moral philosophy.

The impressive variation amongst biological individuals generates many complexities in addressing the simple-sounding question what is a biological individual? A distinction between evolutionary and physiological individuals is useful in thinking about biological individuals, as is attention to the kinds of groups, such as superorganisms and species, that have sometimes been thought of as biological individuals. More fully understanding the conceptual space that biological individuals occupy also involves considering a range of other concepts, such as life, reproduction, and agency. There has (...) been a focus in some recent discussions by both philosophers and biologists on how evolutionary individuals are created and regulated, as well as continuing work on the evolution of individuality. (shrink)

PurposeThe purpose of this essay is to highlight how the digital age makes visible community expression and organization on an international scale.Design/methodology/approachThis project provides a rhetorical analysis of the sub-cultural twitter hashtag “#Palestine2Ferguson”. By focusing on #Palestine2Ferguson, this piece interrogates the ways groups that have been displaced by oppression can build bridges in the new digital age. Through the adaptation of Deluca and Peeples “public screen”, this project reveals how increased sophistication of discernment adds a new “touch” to the screen.FindingsAn (...) analysis of #Palestine2Ferguson through the lens of “the public touchscreen” emboldens rhetorical studies understanding of how ethnic/racial minority individuals are capable of self-selecting their method and modes of self-expression when building community.Originality/valueThe transformation of life within the digital age has created an exigence for a reconsideration and expansion of Deluca and Peeples concept of “public screens”. (shrink)

This paper offers an overview of "the species problem", arguing for a view of species as homeostatic property cluster kinds, positioning the resulting form of realism about species as an alternative to the claim that species are individuals and pluralistic views of species. It draws on taxonomic practice in the neurosciences, especially of neural crest cells and retinal ganglion cells, to motivate both the rejection of the species-as-individuals thesis and species pluralism.

Pharmacy Ethics: A Foundation for Professional Practice provides a model for examining and resolving ethical dilemmas, thereby helping student pharmacists understand the ethical decision-making process in professional practice.

An anthology of the life and teachings of Tsongkhapa that includes transcendental aspects of sutra, tantra, insight meditation, mystic conversations, spiritual songs, and a new introduction by Robert Thurman.

Written by the preeminent democratic theorist of our time, this book explains the nature, value, and mechanics of democracy. In a new introduction to this Veritas edition, Ian Shapiro considers how Dahl would respond to the ongoing challenges democracy faces in the modern world. “Within the liberal democratic camp there is considerable controversy about exactly how to define democracy. Probably the most influential voice among contemporary political scientists in this debate has been that of Robert Dahl.”—Marc Plattner, _New York (...) Times_ “An excellent introduction for novices, as well as a trusty handbook for experts and political science mavens.”—_Publishers Weekly_. (shrink)

In the good old days, when general philosophy of science ruled the Earth, a simple division was often invoked to talk about philosophical issues specific to particular kinds of science: that between the natural sciences and the social sciences. Over the last 20 years, philosophical studies shaped around this dichotomy have given way to those organized by more fine-grained categories, corresponding to specific disciplines, as the literatures on the philosophy of physics, biology, economics and psychology--to take the most prominent four (...) examples--have blossomed. In general terms, work in each of these areas has become increasingly enmeshed with that in the corresponding science itself, increasingly naturalistic (in at least one sense of that term), and in my view, increasingly interesting. (shrink)

Essentialism is widely regarded as a mistaken view of biological kinds, such as species. After recounting why (sections 2-3), we provide a brief survey of the chief responses to the “death of essentialism” in the philosophy of biology (section 4). We then develop one of these responses, the claim that biological kinds are homeostatic property clusters (sections 5-6) illustrating this view with several novel examples (section 7). Although this view was first expressed 20 years ago, and has received recent discussion (...) and critique, it remains underdeveloped and is often misrepresented by its critics (section 8). (shrink)

Charles Darwin was one of the first to propose a unified framework with which to understand human and animal behavior. The foundation of Darwin’s framework is his theory of descent with modification. What Darwin was convinced that theory allowed him to say about human and animal behavior is exemplified in the ‘continuity thesis.’ As Darwin put it, ‘there is a much wider interval in mental power between one of the lowest fishes, as a lamprey or lancelet, and one of the (...) higher apes, than between an ape and a man; yet this interval is filled up by numberless gradations’ (Darwin 1871 [1936]: 453). Darwin’s continuity thesis is the foundation of contemporary studies of animal behavior; it is, along with contemporary evolutionary theory, what unifies the field of animal behavior. (shrink)

Kant’s theory of evil, presented most fully in his Religion within the Boundaries of Mere Reason, has been consistently misinterpreted since he first presented it. As a result, readers have taken it to be a mess of inconsistencies and eccentricities and so have tried to mine it for an insight or two, dismissed it altogether, or sought to explain how Kant could have gone so wrong. In this work, I provide an interpretation of Kant’s theory of evil that renders it (...) consistent and plausible. The main problem Kant tries to solve with his theory of evil is the problem of willful immorality: how can someone who sees her moral obligations as overridingly authoritative willingly (and so culpably) transgress them? Kant’s answer is that we do so by indulging various “moral fantasies” – ways of reconceiving the moral law or one’s status in relation to it. By entertaining, e.g., the fantasy that one is exempt from the moral law’s commands (“the exceptionalist fantasy”), or that one cannot live up to them (“despondency”), or that one need only to live up to society’s standards rather than moral demands (“the adequacy fantasy”) – one persuades oneself that the duty the moral law demands one to perform is only optional. Moral fantasies appeal only because of the presence, in everyone, of the “propensity to evil,” which makes the moral law’s commands seem less authoritative, thereby strengthening one’s sensuous desires. As a result, moral fantasies thereby diminish the urgency of moral obligations, and so tempt us to entertain them. Scholars of Kant have missed this explanation of wickedness because they have restricted their attention to the Religion, a work whose gnomic statements on evil are difficult to interpret when isolated from the larger context of Kant’s thinking. Assaying Kant’s thinking on immorality from the mid-1780s to the late 1790s shows that Kant’s main concern with evil was not so much its nature, but its very possibility. Evaluating the Religion in this context reveals it to be a fruitful resource for explaining the moral psychology of immorality, a problem we still deal with today, and that is possibly. (shrink)

Originally published under the title: Tsong Khapa's Speech of gold in the Essence of true eloquence.

This book provides a series of challenges to Jorge J. E. Gracia’s views on metaphysics and categories made by realist philosophers in the Aristotelian and Thomistic traditions. Inclusion of Gracia’s responses to his critics makes this book a useful companion to Gracia’s _Metaphysics and its Task: The Search for the Categorial Foundation of Knowledge_.

Introduction The contemporary study of society is fired by our quest for scientific truth. The very spirit of our age is tangible evidence ...

Entrepreneurs sometimes make unethical decisions that have devastating effects on their companies, stakeholders, and themselves. We suggest that insights into the origins of such actions can be acquired through attention to personal motives and their impact on moral disengagement—a cognitive process that deactivates moral self-regulation, thus enabling individuals to behave in ways inconsistent with their own values. We hypothesize that entrepreneurs’ motivation for financial gains is positively related to moral disengagement, while their motivation for self-realization is negatively related to this (...) process. Results obtained with a sample of founding entrepreneurs offered support for the first prediction, as well as support for the prediction that moral disengagement is positively related to the tendency to make unethical decisions. (shrink)

The Politics of Feminist Knowledge Transfer draws together analytical work on gender training and gender expertise. Its chapters critically reflect on the politics of feminist knowledge transfer, understood as an inherently political, dynamic and contested process, the overall aim of which is to transform gendered power relations in pursuit of more equal societies, workplaces, and policies. At its core, the work explores the relationship between gender expertise, gender training, and broader processes of feminist transformation arising from knowledge transfer activities. Examining (...) these in a reflective way, the book brings a primarily practice-based debate into the academic arena. With contributions from authors of diverse backgrounds, including academics, practitioners and representatives of gender training institutions, the editors combine a focus on gender expertise and gender training, with more theory-focused chapters. (shrink)

Where does the mind begin and end? Most philosophers and cognitive scientists take the view that the mind is bounded by the skull or skin of the individual. Robert Wilson, in this provocative and challenging 2004 book, provides the foundations for the view that the mind extends beyond the boundary of the individual. The approach adopted offers a unique blend of traditional philosophical analysis, cognitive science, and the history of psychology and the human sciences. The companion volume, Genes and (...) the Agents of Life, explores the theme in the biological sciences. Written with verve and clarity, this ambitious book will appeal to a broad swathe of professionals and students in philosophy, psychology, cognitive science, and the history of the behavioural and human sciences. You can download the table of contents here. (shrink)

What place does freedom have in Confucianism? We find a wide spectrum of views on the matter: some deny that Confucians value or even conceive of freedom, while others celebrate uniquely exalted forms of Confucian freedom. This paper examines the range of proposals, finding consensus among these diverse views in that all identify distinctive Confucian emphases on (i) subjective affirmation of the good and (ii) the cultivation of desires and intentions to align with that good. The variation among views of (...) Confucian freedom does not result from disparate interpretations of Confucian teachings. Rather, their divergence lies in affirming or denying that these core aspects of Confucian thought should be seen as ‘freedom.’ This reveals an undiscussed, fundamental question regarding Confucian freedom: Can and should we see the traditional Confucian moral ideal—that is, Confucian goodness and sagely virtue—as versions of freedom? What do we gain by doing so? (shrink)

Several recent commentators have suggested that for fully rational agents who find themselves in iterated prisoner's dilemmas of indefinite length, co-operation is the rational strategy. Their argument is that these fully rational agents can be taught, through the co-operative actions of other agents, to bypass the dominant move of noncooperation and co-operate instead. The proponents of the “teaching strategy” seem to have ignored the compelling argument of Jordan Howard Sobel. While the teaching argument may work for agents who are less (...) than purely rational, Sobel has pointed out that hyperrational utility maximizers cannot be taught; they reason deductively, not inductively, as the “teaching argument” requires. (shrink)

Although ethics consultation is offered as a clinical service in most hospitals in the United States, few valid and practical tools are available to evaluate, ensure, and improve ethics consultation quality. The quality of ethics consultation is important because poor quality ethics consultation can result in ethically inappropriate outcomes for patients, other stakeholders, or the health care system. To promote accountability for the quality of ethics consultation, we developed the Ethics Consultation Quality Assessment Tool. ECQAT enables raters to assess the (...) quality of ethics consultations based on the written record. Through rigorous development and preliminary testing, we identified key elements of a quality ethics consultation, established scoring criteria, developed training guidelines, and designed a holistic assessment process. This article describes the development of the ECQAT,.. (shrink)

Stakeholder theory has become a central issue in the literature on business ethics / business and society. There are, however, a number of problems with stakeholder theory as currently understood. Among these are: 1) the lack of a coherent justificatory framework, 2) the problem of adjudicating between stakeholders, and 3) the problem of stakeholder identification. In this essay, I propose that a possible source of obligations to stakeholders is the principle of fairness (or fair play) as discussed in the political (...) philosophic literature of Rawls, Simmons, and Cullity among others. The principle of fairness states that, “Whenever persons or groups of persons voluntarily accept the benefits of a mutually beneficial scheme of co-operation requiring sacrifice or contribution on the parts of the participants and there exists the possibility of free-riding, there exist obligations of fairness on the part of these persons or groups to co-operate in proportion to the benefits accepted.” In this essay I discuss the gaps in the current stakeholder literature, elucidate and defend a principle of fairness that fills the gap, compare the fairness model to other similar models of business ethics, and draw some conclusions for the future of stakeholder theory. (shrink)

This chapter examines traditionalists’ arguments why Dungeons Dragons (DD) is good for us first, and then discusses the cases where it could be bad for us. The irony for Christian critics of DD, such as Schnoebelen, is that the philosophical and theological arguments of Christian traditionalists, such as Thomas Aquinas and J.R.R. Tolkien, provide some of the strongest arguments in favor of DD role‐playing. However, to be fair, these same arguments can be used to argue that a particular DD game, (...) under certain circumstances, can be bad. “Postmodernists” refers loosely to a group of philosophers and thinkers who question, if not outright reject, the core tenets of the traditionalists. If the traditionalists have the correct metaphysics about the real world, then it follows that DD is good, but that care must be taken to make sure the game does not become morally objectionable. (shrink)

Renewed interest in the relationship between music education and cultural identity draws its vigor from strongly divergent sources. Globalized education and globalized musical culture supply new paradigms for understanding the central tasks of music education and their responsibility to a multicultural ethic of diversity, hybridity and difference. Yet recent anthropological studies of musical cognition and development emphasise both the centrality of ethnic and cultural particularism to the formation of musical awareness and the transcultural, factors in which such particularism is embedded. (...) These seemingly contrasting perspectives on the relationship of music to culture and identity offer a fertile context for redefining the place of music education in the curriculum. (shrink)