Criminal law theorists overwhelmingly agree that for some conduct to constitute punishment, it must be imposed intentionally. Some retributivists have argued that because punishment consists only of intentional inflictions, theories of punishment can ignore the merely foreseen hardships of prison, such as the mental and emotional distress inmates experience. Though such distress is foreseen, it is not intended, and so it is technically not punishment. In this essay, I explain why theories of punishment must pay close attention to the unintentional (...) burdens of punishment. In two very important contexts — punishment measurement and justification — we use the term “punishment” to capture not only intentional harsh treatment but certain unintentional harsh treatment as well. This means that the widely accepted view that punishment is an intentional infliction requires substantial caveats. It also means that any purported justification of punishment that addresses only the intentional infliction of punishment is woefully incomplete. -/- [This paper has been published under a Creative Commons Attribution-NonCommercial-ShareAlike license.]. (shrink)

Emerging technologies raise the possibility that we may be able to treat trauma victims by pharmaceutically dampening factual or emotional aspects of their memories. Such technologies raise a panoply of legal and ethical issues. While many of these issues remain off in the distance, some have already arisen. In this brief commentary, I discuss a real-life case of memory erasure. The case reveals why the contours of our freedom of memory—our limited bundle of rights to control our memories and be (...) free of outside control—already merit some attention. (shrink)

We like to think we own our memories: if technology someday enables us to alter our memories, we should have certain rights to do so. But our freedom of memory has limits. Some memories are simply too valuable to society to allow individuals the unfettered right to change them. Suppose a patient regains consciousness in the middle of surgery. While traumatized by the experience and incapable of speaking, he coincidentally overhears two surgeons make plans to set fire to the hospital. (...) Assuming there is no way to erase his traumatic memories of intraoperative awareness and still prosecute the surgeons, a patient may well have a moral duty to retain the memories for the greater good. And if the patient has such a moral duty, I argue in this brief comment, then the state plausibly has the right to limit our abilities to erase memories when necessary to protect public safety or prosecute offenders. (shrink)

Theorists treat liberty as a great equalizer. We can’t easily distribute equal welfare, but we can purport to distribute equal liberty. In fact, however, nothing about “equal liberty” is meaningfully equal. To demonstrate, I turn not to familiar cases of distributing positive goods but to the distribution of a negative good, namely carceral punishment. Many theorists believe we should impose proportional punishment by depriving offenders of liberty in proportion to their blameworthiness. In this manner, equally blameworthy offenders are said to (...) receive equal punishment when incarcerated for the same period of time. Equal periods of incarceration do not yield equal punishments, however, because liberty cannot serve as the great equalizer theorists hope for. Pretending it can prevents us from justifying the full harms of punishment or leads to such counterintuitive results that it makes proportional punishment an unattractive goal. (shrink)

The law inevitably draws lines. These lines distinguish, for example, whether certain conduct reflects ordinary recklessness constituting manslaughter or more extreme recklessness constituting murder. There is no way to meaningfully draw such lines, however, absent shared ways of representing amounts of recklessness or at least knowledge of the consequences of drawing lines in particular places. Yet legal actors frequently draw lines in the dark, establishing cutoffs along a spectrum with little or none of the information required to do so in (...) a way that suits the law’s goals. For example, jurors must decide whether some conduct constitutes extreme recklessness without knowing prior precedent nor the sentencing consequences of drawing cutoffs in particular places. Judges and lawyers cite line drawing precedents from other jurisdictions without considering whether the lines drawn in prior cases had the same consequences as those in the case at bar. And scholars argue about how to classify conduct without making clear what consequences they believe ought to attach once the classification is made, leaving it hard to tell when scholars have substantive or simply superficial disagreements. In this Article, I discuss some line drawing problems and briefly suggest ways we can add meaning to cutoffs. More generally, I argue, we can “smooth” certain features of the law to both reduce our vulnerability to line drawing in the dark and improve the fit between the law and what our best theories of law recommend. Even when we cannot easily smooth the law, thinking about the law in a smoother fashion can help reduce the jurisprudential pathologies I describe. (shrink)

Adam Kolber argues against retributivist theories of punishment, based on considerations of moral uncertainty. In this reply, I suggest that Kolber’s argument will not have the implications he supposes, in part because, if it’s able to raise difficulties for retributivism, similar problems will arise for a wide variety of other approaches to punishment.

New Tenth Anniversary edition of this classic text with a new preface by the author, compares myths about meat-eating with myths about manliness, and seeks to ...

This thoughtful new abridgment is enriched by the brilliant commentary which accompanies it. In it, Laurence Dickey argues that the _Wealth of Nations_ contains--and conceals--a great deal of how Smith actually thought a commercial society works. Guided by his conviction that the so-called Adam Smith Problem--the relationship between ethics and economics in Smith's thinking--is a core element in the argument of the work itself, Dickey's commentary focuses on the devices Smith uses to ground his economics in broadly ethical and (...) social categories. An unparalleled guide to an often difficult and perplexing work. (shrink)

Ulrich Beck's best selling Risk Society established risk on the sociological agenda. It brought together a wide range of issues centering on environmental, health and personal risk, provided a rallying ground for researchers and activists in a variety of social movements and acted as a reference point for state and local policies in risk management. The Risk Society and Beyond charts the progress of Beck's ideas and traces their evolution. It demonstrates why the issues raised by Beck reverberate widely throughout (...) social theory and covers the new risks that Beck did not foresee, associated with the emergence of new technologies, genetic and cybernetic. The book is unique because it offers both an introduction to the main arguments in Risk Society and develops a range of critical discussions of aspects of this and other works of Beck. (shrink)

The Significance Argument (SA) for the irreducibility of consciousness is based on a series of new puzzle-cases that I call multiple candidate cases. In these cases, there is a multiplicity of physical-functional properties or relations that are candidates to be identified with the sensible qualities and our consciousness of them, where those candidates are not significantly different. I will argue that these cases show that reductive materialists cannot accommodate the various ways in which consciousness is significant and must allow massive (...) vagueness in conscious experience. I also will argue that a nonreductive theory of the conscious-of relation can easily provide a very satisfying, unified explanation of the ways in which this relation is significant. (shrink)

What makes your life go well for you? In this paper, we give an account of welfare. Our core idea is simple. There are impersonally good and bad things out there: things that are good or bad period, not (or not only) good or bad for someone. The life that is good for you is the life in contact with the good. We’ll understand the relevant notion of ‘contact’ here in terms of manifestation: you’re in contact with a value either (...) when it is manifest in parts of your life or parts of your life are manifest in it. So, the more the good is manifest in your life, or your life manifest in the good, the better for you. The more the bad is manifest in your life, or your life manifest in the bad, the worse for you. We’ll argue that this account is extensionally adequate: it explains the welfare value of achievements, friendships, knowledge, pleasures and virtues. Moreover, it has a number of explanatory virtues: it’s unified, elegant and explanatorily powerful. So, we’ll suggest, it’s an excellent account of welfare, and in many ways superior to its main competitors. (shrink)

Adams offers a theistically-based framework for ethics, based upon the idea of a transcendent, infinite good, which is God, and its relation to the many finite examples of good in our experience. His account shows how philosophically unfashionable religious concepts can enrich ethical thought. "...one of the two most important books in moral philosophy of the last quarter century, the other being After Virtue."--Theology Today.

Recent progress in artificial intelligence (AI) has drawn attention to the technology’s transformative potential, including what some see as its prospects for causing large-scale harm. We review two influential arguments purporting to show how AI could pose catastrophic risks. The first argument — the Problem of Power-Seeking — claims that, under certain assumptions, advanced AI systems are likely to engage in dangerous power-seeking behavior in pursuit of their goals. We review reasons for thinking that AI systems might seek power, that (...) they might obtain it, that this could lead to catastrophe, and that we might build and deploy such systems anyway. The second argument claims that the development of human-level AI will unlock rapid further progress, culminating in AI systems far more capable than any human — this is the Singularity Hypothesis. Power-seeking behavior on the part of such systems might be particularly dangerous. We discuss a variety of objections to both arguments and conclude by assessing the state of the debate. (shrink)

Fieldwork in Familiar Places challenges the misconceptions about morality, culture, and objectivity that support these skepticisms, to show that we can take ...

Toward an ontology of the social-historical -- Proto-institutions and epistemological encounters -- Anthropological aspects of subjectivity: the radical imagination -- Hermeneutical horizons of meaning -- The rediscovery of physis -- Objective knowledge in review -- Rethinking the world of the living being -- Reimaging cosmology -- Conclusion: the circle of creation.

Though the vegetarian movement sparked by Peter Singer’s book Animal Liberation has achieved some success, there is more animal suffering caused today due to factory farming than there was when the book was originally written. In this paper, I argue that there may be a technological solution to the problem of animal suffering in intensive factory farming operations. In particular, I suggest that recent research indicates that we may be very close to, if not already at, the point where we (...) can genetically engineer factory-farmed livestock with a reduced or completely eliminated capacity to suffer. In as much as animal suffering is the principal concern that motivates the animal welfare movement, this development should be of central interest to its adherents. Moreover, I will argue that all people concerned with animal welfare should agree that we ought to replace the animals currently used in factory farming with animals whose ability to suffer is diminished if we are able to do so. (shrink)

Bringing political philosophy out of the ivory tower and within the reach of all, this book provides us with tools to cut through the complexities of modern ...

In this paper, I do a few things. I develop a (largely) empirical argument against naïve realism (Campbell, Martin, others) and for representationalism. I answer Papineau’s recent paper “Against Representationalism (about Experience)”. And I develop a new puzzle for representationalists.

An original work of theory as well as a deft critical performance, Narrative Ethics also stakes a claim for itself as moral inquiry.

The foundation for a system of morals, this 1749 work is a landmark of moral and political thought. Its highly original theories of conscience, moral judgment, and virtue offer a reconstruction of the Enlightenment concept of social science, embracing both political economy and theories of law and government.

Discusses recent work on representationalism, including: the case for a representationalist theory of consciousness, which explains consciousness in terms of content; rivals such as neurobiological type-type identity theory (Papineau, McLaughlin) and naive realism (Allen, Campbell, Brewer); John Campbell and David Papineau's recent objections to representationalism; the problem of the "laws of appearance"; externalist vs internalist versions of representationalism; the relation between representationalism and the mind-body problem.

A scholarly edition of a work by Adam Smith. The edition presents an authoritative text, together with an introduction, commentary notes, and scholarly apparatus.

This chapter provides empirical evidence about everyday attitudes concerning euthanasia. These attitudes have important implications for some ethical arguments about euthanasia. Two experiments suggested that some different descriptions of euthanasia have modest effects on people’s moral permissibility judgments regarding euthanasia. Experiment 1 (N = 422) used two different types of materials (scenarios and scales) and found that describing euthanasia differently (‘euthanasia’, ‘aid in dying’, and ‘physician assisted suicide’) had modest effects (≈3 % of the total variance) on permissibility judgments. These (...) effects were largely replicated in Experiment 2 (N = 409). However, in Experiment 2, judgments about euthanasia’s moral permissibility were best predicted by the voluntariness of the treatment. Voluntariness was a stronger predictor than some demographic factors and some domain general elements of moral judgments. These results help inform some debates about the moral permissibility of euthanasia (e.g., the slippery slope argument) suggesting that some of the key premises of those arguments are unwarranted. (shrink)

In Freedom: An Impossible Reality (FAIR), Raymond Tallis finds room in a law-abiding universe for a uniquely human form of agency, capable of envisioning and pursuing genuinely open possibilities, thereby deflecting rather than merely inflecting the course of events, in accordance with self-owned intentions, reasons and goals. He argues that the genuinely free human pursuit of such propositional attitudes depends on our acting from a “virtual outside”, at an epistemic distance from the physical world that reveals not only what is (...) the case, but that it is the case. The enactive approach in cognitive science and philosophy of mind aims to supersede the cognitivist traditional that has long dominated the field, by reframing cognition as an agentʼs immediate, embodied engagement with its environment. In an appendix of FAIR, Tallis argues that this approach risks both eliminating propositional attitudes, and collapsing the epistemic distance between agent and world. He concludes that if enactive theorists are to distinguish between genuinely pursuing an intention and merely responding to a stimulus, their corrective to cognitivism is in need of a correction of its own. This paper argues that such a correction is already to be found within the enactive literature, and furthermore, that it bears striking similarities to Tallis own account of what makes human agency unique. It is therefore concluded that the case for freedom set out in FAIR is compatible with the enactive approach. (shrink)

This is a chapter from my introductory book *Perception* covering the representational view of experience. I use the Ramsey-Lewis method to define the theoretical term "experiential representation". I clarify and discuss various questions for representationalists, for instance, "how rich is the content of experience?" and "is the content of visual experience singular or general?" Finally, I address some objections to representationalism - in particular, that it cannot explain perceptual presence (John Campbell), and that it cannot explain the "laws of appearance" (...) (constraints on how things can appear). (shrink)

The paper gives a brief characterization of philosophical problems; points up something of their significance for the culture, the social order, and our lives; indicates the methodology appropriate for the problems; and presents a view of the cultural mission of philosophy today. Philosophy attempts to bring under critical review and to correct errors in the cultural mind of our civilization, the prevailing assumptions and beliefs about our knowledge‐yielding powers, the various sectors of the culture, and the basic structure of the (...) world. It holds the cultural mind accountable to the unavoidable presuppositions of experience, thought, and action. Errors in the cultural mind can lead to distortions in the development of the culture and to social and personal pathologies. I contend that our modern Western cultural mind undermines the humanistic dimension of the culture, and ultimately the whole culture, by a restricted view of our knowledge‐yielding powers and the resulting impoverished view of reality. The mission of philosophy today is to point out the errors in our cultural mind and to work for a humanistic cultural reformation. (shrink)

With massive corruption uncovered in numerous recent corporate scandals, investigating psychological processes underlying unethical behavior among employees has become a critical area of research for organizational scientists. This article seeks to explain why people engage in deceptive and fraudulent activities by focusing on the use of moral-disengagement tactics or rationalizations to justify egregious actions at work. In addition, participation in goal-setting is argued to attenuate the relationship between moral disengagement and unethical behavior. Across two studies, a lab simulation and field (...) survey, a measure of moral disengagement was developed for use with working adults. The hypothesized main and interactive effects of moral disengagement, participation, and unethical behavior were tested and largely confirmed. (shrink)

People’s beliefs about normality play an important role in many aspects of cognition and life (e.g., causal cognition, linguistic semantics, cooperative behavior). But how do people determine what sorts of things are normal in the first place? Past research has studied both people’s representations of statistical norms (e.g., the average) and their representations of prescriptive norms (e.g., the ideal). Four studies suggest that people’s notion of normality incorporates both of these types of norms. In particular, people’s representations of what is (...) normal were found to be influenced both by what they believed to be descriptively average and by what they believed to be prescriptively ideal. This is shown across three domains: people’s use of the word ‘‘normal” (Study 1), their use of gradable adjectives (Study 2), and their judgments of concept prototypicality (Study 3). A final study investigated the learning of normality for a novel category, showing that people actively combine statistical and prescriptive information they have learned into an undifferentiated notion of what is normal (Study 4). Taken together, these findings may help to explain how moral norms impact the acquisition of normality and, conversely, how normality impacts the acquisition of moral norms. (shrink)

ABSTRACT:Must even Confucian rights skeptics—those who are, on account of their Confucian beliefs, skeptical of the existence of human rights, and believe that asserting or recognizing rights is morally wrong—concede that in the workplace, they are morally obligated to recognize rights? Alan Strudler has recently argued that such is the case. In this article, I argue that because Confucian rights skeptics locate wrongness in inconsistency with the idea of “Confucian community,” Confucian community should be viewed as a moral ideal. I (...) then argue that Confucian rights skeptics ought to act in a manner that is consistent with this ideal, even when the ideal has not yet been realized, just as Kantians ought to act consistently with the Kantian kingdom of ends ideal. Accordingly, contrary to Strudler, I argue that Confucian rights skeptics need not concede that they are morally obligated to recognize rights in the workplace. This conclusion suggests the need for inquiry into the metaphysical foundations of these conflicting views. However, such inquiry is commonly thought to lie beyond the scope of philosophical business ethics proper. I conclude the article by suggesting a number of reasons for business ethicists to consider rejecting the prevalent narrow conception of the scope of the discipline.In this discussion I explore challenges to a particular Confucian system of morality that generally eschews reliance on rights. I argue that such a system may at the same time both assert that there are moral problems with rights and assert that it is acceptable to invoke rights in limited contexts. Adam Bailey has objected that the position I defend is inconsistent. I answer Bailey’s objections. (shrink)

This book offers a novel account of grace, framed in terms of Bruno Latour's "principle of irreduction.

The importance of being ambiguous -- Interlude : ambiguity, order and the deity -- Notation and its limits -- Interlude : the Israelite red heifer and the edge of power in China -- Ritual and the rhythms of ambiguity -- Interlude : crossing the boundaries of empathy -- Shared experience -- Interlude : experience and multiplicity.

A simple argument suggests that we can fruitfully model advanced AI systems using expected utility theory. According to this argument, an agent will need to act as if maximising expected utility if they’re to avoid exploitation. Insofar as we should expect advanced AI to avoid exploitation, it follows that we should expected advanced AI to act as if maximising expected utility. I spell out this argument more carefully and demonstrate that it fails, but show that the manner of its failure (...) is instructive: in exploring the argument, we gain insight into how to model advanced AI systems. (shrink)

Quantum mechanics is humanity's finest scientific achievement. It explains why the sun shines and how your eyes can see. It's the theory behind the LEDs in your phone and the nuclear hearts of space probes. Every physicist agrees quantum physics is spectacularly successful. But ask them what quantum physics means, and the result will be a brawl. At stake is the nature of the Universe itself. What does it mean for something to be real? What is the role of consciousness (...) in the Universe? And do quantum rules apply to very small objects like electrons and protons, but not us? In What is Real?, Adam Becker brings to vivid life the brave researchers whose quest for the truth led them to challenge Bohr: David Bohm, who picked up Einstein's mantle and sought to make quantum mechanics deterministic, all while being hounded by the forces of McCarthyism; Hugh Everett, who argued that everything, big and small, must be governed by the same rules; and John Bell, who went to great lengths to eradicate the power of the god-like observer from the core of quantum physics. And they paid dearly, their reputations, careers, and sometimes lives ruined completely. But history has been kinder to them than their contemporaries were. As Becker shows, the brave intellectual giants have inspired a growing army of physicists and philosophers intent both on making a philosophically more satisfying theory of the universe and a more useful one as well. A gripping story of some of humanity's greatest ideas and the high cost with which many have pursued them, What is Real? is intellectual history at its passionate best. (shrink)