Retributive restrictions are principles of justice according to which what a criminal deserves on account of his individual conduct and character restricts how states are morally permitted to treat him. The main arguments offered in defense of retributive restrictions involve thought experiments in which the state punishes the innocent, a practice known as telishment. In order to derive retributive restrictions from the wrongness of telishment, one must engage in moral argument from generalization. I show how generalization arguments of the same (...) form can be used subversively to derive morally unacceptable conclusions from other scenarios in which the state intentionally inflicts undeserved coercion. For example, our considered moral convictions approve of punishment policies that inflict collateral damage, such as the ubiquitous policy of excluding the family members of inmates from prison facilities outside visiting hours. I present a generalization argument for the conclusion that these policies are seriously unjust. If we firmly believe that these policies are not unjust, then we should put less stock in generalization arguments. We should not use them to support retributive restrictions. This conclusion has broad implications for the theory and practice of criminal justice. (shrink)

In response to the charge that deontic ("argent-centered") restrictions are paradoxical, several recent writers suggest that such restrictions find support within T.M. Scanlon's contractualism. I suggest that this claim is only interesting if these restrictions are stronger than those supported by indirect consequentialism. I argue that contractualism cannot support restrictions any stronger than those supported by indirect consequentialism. The contractualists have mislocated the source of the paradox, which arises under any theory that defines right action in patient-focused terms. Consequentialism and (...) contractualism share this feature, so contractualism cannot support stronger deontic restrictions than consequentialism supports. (shrink)

: Biomedical ethicists often assume that common morality constitutes a largely consistent normative system. This premise is not taken for granted in general normative ethics. This paper entertains the possibility of inconsistency within common morality and explores methodological implications. Assuming common morality to be inconsistent casts new light on the debate between principlists and descriptivists. One can view the two approaches as complementary attempts to evade or transcend that inconsistency. If common morality proves to be inconsistent, then principlists might have (...) reason to prefer a less pluralistic theory, thereby moving closer to descriptivism. Descriptivists, by contrast, might want to qualify their claim to accommodate all of people's basic moral convictions. Finally, both camps might wish to adopt a more revisionist posture, accepting that an adequate ethical theory occasionally will contradict some of people's deepest moral convictions. Proper application of the method of reflective equilibrium, to which both descriptivists and principlists claim allegiance, may entail greater openness to revisionism than either camp admits. (shrink)

Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.

Principle monists believe that our moral duties, such as fidelity and non-maleficence, can be justified in terms of one basic moral principle. Principle pluralists disagree, some suggesting that only an excessive taste for simplicity or a desire to mimic natural science could lead one to endorse monism. In Ideal Code, Real World (Oxford, 2000), Brad Hooker defends a monist theory, employing the method of reflective equilibrium to unify the moral duties under a version of rule consequentialism. Hooker's arguments have drawn (...) powerful criticisms from pluralists such as Alan Thomas, Phillip Montague and Philip Stratton-Lake. Against these critics, I argue that Hooker's monism enjoys certain practical advantages associated with the simplicity of a single basic principle. These advantages are often overlooked because they appear primarily in cases of second-order deliberation, in which one must decide whether our basic moral duties support a certain derivative duty. I argue that these advantages of monism over pluralism are analogous to the advantages that generalists claim over moral particularism. Because pluralists are generalists, I conclude that they are in an awkward dialectical position to dismiss Hooker's monism for the reasons they usually offer. (shrink)

Legal theorists in this century have often perceived a need for a theory capable of occupying a stable middle ground between natural law theory and nineteenth-century legal positivism. The prolific German-American legal philosopher, Hans Kelsen, was perhaps not the first to feel the need for such a theory, but he was certainly among the first to attempt to construct one. n1 Although Kelsen's own efforts failed, in many ways they defined the ambitions of twentieth-century legal theory and inspired others to (...) take up the challenge. In order to understand the nature of the challenge, which confronts us still today, it is helpful to examine central difficulties with Kelsen's own Pure Theory of Law. (shrink)

Aspects of Law and Legal Systems -- Courts and Legal Reasoning -- Making, Justifying, and Evaluating Law -- Law and Individual Obligation -- Private Law -- Criminal Law -- Sentencing and punishment-- Statutes -- Constitutions -- International Law.

This best-selling anthology of readings with case studies provides insightful and comprehensive treatment of ethical issues in medicine. Appropriate for courses taught in philosophy departments, bioethics programs, as well as schools of medicine and nursing, the collection covers such provocative topics as biomedical enhancement, clinical trials in developing countries, animal research, physician-assisted suicide, and health care reform. The text's effective pedagogical features include chapter introductions, argument sketches, explanations of medical terms, headnotes, and annotated bibliographies.

Repeat offenders receive longer sentences than first offenders in virtually every modern jurisdiction. Such prior-record enhancements are politically popular. Scholars are more divided, especially regarding severe enhancements. Retributivists have long disagreed about which enhancements, if any, are morally justifiable and on what basis. This article advances the debate, offering lessons for retributivists on all sides. I address an intuitive argument that justifies enhancements in terms of character. This argument has been caricatured and dismissed, with defenders of enhancements preferring character-independent arguments. (...) I reconstruct an argument for enhancements that assumes recidivism constitutes evidence of culpability-aggravating character traits. The argument seems at least coherent, inferentially valid, and intuitively plausible. I then raise what I see as the real threats to the argument, which are neither conceptual nor normative, but empirical. I identify some formal features that the character argument requires of culpability-aggravating traits. To support enhancements, such traits must also correlate properly with criminal records. One place to look for characterizations of such traits, and evidence of correlation, is criminology, in theories of criminogenesis and criminality. I conclude that character arguments for prior-record enhancements cannot be dismissed, although their thorough evaluation awaits answers to complex empirical questions. (shrink)

Physician religion/spirituality has the potential to influence the communication between physicians and parents of children at the end of life. In order to explore this relationship, the authors conducted two rounds of narrative interviews to examine pediatric physicians’ perspectives (N=17) of how their religious/spiritual beliefs affect end–of–life communication and care. Grounded theory informed the design and analysis of the study. As a proxy for religiosity/spirituality, physicians were classified into the following groups based on the extent to which religious/spiritual language was (...) infused into their responses: Religiously Rich Responders (RRR), Moderately Religious Responders (MRR), and Low Religious Responders (LRR). Twelve of the 17 participants (71%) were classified into the RRR or MRR groups. The majority of participants suggested that religion/spirituality played a role in their practice of medicine and communication with parents in a myriad of ways and to varying degrees. Participants used their religious/spiritual beliefs to support families’ spirituality, uphold hope, participate in prayer, and alleviate their own emotional distress emerging from their patients’ deaths. (shrink)

Four arguments are examined in order to assess the state of the Intelligent Design debate. First, critics continually cite the fact that ID proponents have religious motivations. When used as criticism of ID arguments, this is an obvious ad hominem. Nonetheless, philosophers and scientists alike continue to wield such arguments for their rhetorical value. Second, in his expert testimony in the Dover trial, philosopher Robert Pennock used repudiated claims in order to brand ID as a kind of pseudoscience. His (...) arguments hinge on the nature of methodological naturalism as a metatheoretic shaping principle. We examine the use of such principles in science and the history of science. Special attention is given to the demarcation problem. Third, the scientific merits of ID are examined. Critics rightly demand more than promissory notes for ID to move beyond the fringe. Fourth, although methodological naturalism gets a lot of attention, there is another shaping principle to contend with, namely, conservatism. Science, like most disciplines, tends to change in an incremental rather than revolutionary manner. When ID is compared to other non- or quasi-Darwinian proposals, it appears to be a more radical solution than is needed in the face of the anomalies. (shrink)

Under the general tutelage of Kant, Charles Sanders Peirce (1839–1914) introduced American pragmatism to yet another philosophical dialectic: between a neglected transcendental instinct and earthly authorities. The dialectic became Peirce’s response to various evolutionary schemes in the 19th century. Guided by the recollected voices of Socrates, Jesus, St. John, Anselm, and Kant, as well as his own brand of pragmatism, Peirce eventually developed a “Neglected Argument for the Reality of God” a century ago, in 1908. Here, Peirce endorsed a (...) more adventurous god than ecclesiastical or theological authorities could imagine, a god of love (agapism) and chance (tychism), but still rife with fallibility. (shrink)

In this essay, the philosophies of John Dewey and Martin Heidegger are compared specifically on the topic of the productionist metaphysics. In this comparison, the readings of Larry Hickman and Michael E. Zimmerman are utilized to highlight the noted philosophers’ views. In Hickman’s reading of Dewey, production is the key virtue of the entire pragmatic theory and the evolution of humanity through the improvement of technique and productivity the focus of human life.Hickman’s reading of Dewey, deemed the “technological” reading of (...) Dewey, provides proof of support of the productionist metaphysics view of the West that Heidegger deemed as the root of the “darkening” of the world. To illustrate the historical calamity that Heidegger deemed directly connected to this brand of metaphysics, which he believed began with the ancient Greeks and since has expanded to all areas of human life, the reading of Zimmerman is applied. (shrink)

In this essay, the philosophies of John Dewey and Martin Heidegger are compared specifically on the topic of the productionist metaphysics. In this comparison, the readings of Larry Hickman and Michael E. Zimmerman are utilized to highlight the noted philosophers’ views. In Hickman’s reading of Dewey, production is the key virtue of the entire pragmatic theory and the evolution of humanity through the improvement of technique and productivity the focus of human life.Hickman’s reading of Dewey, deemed the “technological” reading of (...) Dewey, provides proof of support of the productionist metaphysics view of the West that Heidegger deemed as the root of the “darkening” of the world. To illustrate the historical calamity that Heidegger deemed directly connected to this brand of metaphysics, which he believed began with the ancient Greeks and since has expanded to all areas of human life, the reading of Zimmerman is applied. (shrink)

In this essay, the philosophies of John Dewey and Martin Heidegger are compared specifically on the topic of the productionist metaphysics. In this comparison, the readings of Larry Hickman and Michael E. Zimmerman are utilized to highlight the noted philosophers’ views. In Hickman’s reading of Dewey, production is the key virtue of the entire pragmatic theory and the evolution of humanity through the improvement of technique and productivity the focus of human life.Hickman’s reading of Dewey, deemed the “technological” reading of (...) Dewey, provides proof of support of the productionist metaphysics view of the West that Heidegger deemed as the root of the “darkening” of the world. To illustrate the historical calamity that Heidegger deemed directly connected to this brand of metaphysics, which he believed began with the ancient Greeks and since has expanded to all areas of human life, the reading of Zimmerman is applied. (shrink)

ABSTRACT:This essay argues for the importance of formalizing public engagement efforts around bioethics as something we might call "bioethics communication," and it outlines the Johns Hopkins Berman Institute of Bioethics' plans for engaging in this effort. Because science is complex and difficult to explain to nonexperts, the field of science communication has arisen to meet this need. The field involves both a practice and a subject of empirical research. Like science, bioethics is also complex and difficult to explain, which is (...) why the world needs bioethics communication. The authors are engaged in a brand-new effort to establish the sort of public bioethics efforts that would constitute bioethics communication, through a program which they call the Dracopoulos-Bloomberg iDeas Lab. The authors invite colleagues to experiment and learn with them as they invest in the development of bioethics communicators and their products. (shrink)

Scanlonian contractualism rejects the consequentialist assumptions about morality, value, and rationality in virtue of which deontological constraints appear paradoxical. And yet, Jeffrey Brand-Ballard and Robert Shaver have claimed that it cannot succeed in defending the said restrictions. That is because they see Scanlon’s tie-breaking argument as threatening to justify aggregation in paradox of deontology cases. I argue that this claim rests upon a failure to appreciate contractualism’s relational character. Once we take this feature of the view into (...) account, it becomes clear that the tie-breaking argument is ruled out in cases where the only way for us to prevent several killings would be to commit one ourselves. To show this, I provide a contractualist explanation of why our duty not to harm persons is stricter than our duty to help them when they are threatened with harm. I conclude by distinguishing two ways in which this defense of deontological restrictions might bring contractualism objectionably close to absolutism. (shrink)

Die Idee zu der in diesem Band dokumentierten Tagung ist im Rahmen des disziplinübergreifenden Nachwuchswissenschaftsnetzwerkes THESIS entstanden. Der Dialog über die fachlichen und disziplinären Grenzen hinweg hat bei THESIS seit dessen Gründung im Jahre 1990 stets einen großen Raum eingenommen. Anderen Fächern Respekt und Interesse entgegenzubringen und sich nicht von stereotypen Vorurteilen leiten zu lassen, ist konstitutiver Bestandteil im Selbstverständnis des Netzwerkes. Selbstverständlich gibt es in einem solchen Verbund eine Reihe von Gelegenheiten (darunter auch den einen oder anderen entwicklungsfördernden Konflikt), (...) das eigene Bild vom Anderen und das andere Bild vom Eigenen zur Sprache zu bringen und zu hinterfragen. Auf der Basis dieser bestehenden Kommunikationsstrukturen trafen sich am 11. Oktober 2003 in Göttingen 12 junge Wissenschaftlerinnen und Wissenschaftler zwischen, über und auch auf den Grenzen ihrer eigenen Herkunftsdisziplinen, um den Trendbegriff [alpha]Transdisziplinarität" auf seine Substanz zu prüfen. (shrink)

Followers of Wittgenstein allegedly once held that a meaningful claim to know that p could only be made if there was some doubt about the truth of p. The correct response to this thesis involved appealing to the distinction between the semantic content of a sentence and features attaching to its use. It is inappropriate to assert a knowledge-claim unless someone in the audience has doubt about what the speaker claims to know. But this fact has nothing to do with (...) the semantic content of knowledgeascriptions; it is entirely explicable by appeal to pragmatic facts about felicitous assertion. (shrink)

Much of the progress in the fields constituting cognitive science has been based upon the use of explicit information processing models, almost exclusively patterned after conventional serial computers. An extension of these ideas to massively parallel, connectionist models appears to offer a number of advantages. After a preliminary discussion, this paper introduces a general connectionist model and considers how it might be used in cognitive science. Among the issues addressed are: stability and noise‐sensitivity, distributed decision‐making, time and sequence problems, and (...) the representation of complex concepts. (shrink)

Sigmund Freud sah die Anziehungskraft christlich-religiöser „Illusionen“ in der möglichen Aussöhnung des Menschen mit dem Tod begründet. Heute hat die moderne Industriegesellschaft die Religion jedoch weitestgehend hinter sich gelassen, die Vorstellungen von Tod und Sterben haben sich gewandelt. Marina Brandes untersucht, wie, in welchem Alter, an welchen Orten und unter welchen Umständen heute im Vergleich zu vormodernen Epochen normalerweise gestorben wird. Sie zeigt, welche Assoziationen mit dem Tod verknüpft sind und entwickelt vor dem Hintergrund der Medizinalisierung, der Institutionalisierung des Sterbens (...) und der Ausgrenzung der Sterbenden, Perspektiven für ein versöhntes, gutes Sterben. (shrink)

Could space consist entirely of extended regions, without any regions shaped like points, lines, or surfaces? Peter Forrest and Frank Arntzenius have independently raised a paradox of size for space like this, drawing on a construction of Cantor’s. I present a new version of this argument and explore possible lines of response.

Richard Jeffrey is beyond dispute one of the most distinguished and influential philosophers working in the field of decision theory and the theory of knowledge. His work is distinctive in showing the interplay of epistemological concerns with probability and utility theory. Not only has he made use of standard probabilistic and decision theoretic tools to clarify concepts of evidential support and informed choice, he has also proposed significant modifications of the standard Bayesian position in order that it provide a (...) better fit with actual human experience. Probability logic is viewed not as a source of judgment but as a framework for explaining the implications of probabilistic judgments and their mutual compatability. This collection of essays spans a period of some 35 years and includes what have become some of the classic works in the literature. There is also one completely new piece, while in many instances Jeffrey includes afterthoughts on the older essays. (shrink)

The Face of the Other and the Trace of God contain essays on the philosophy of Emmanuel Levinas, and how his philosophy intersects with that of other philosophers, particularly Husserl, Kierkegaard, Sartre, and Derrida. This collection is broadly divided into two parts: relations with the other, and the questions of God.

This book offers a concise survey of basic probability theory from a thoroughly subjective point of view whereby probability is a mode of judgment. Written by one of the greatest figures in the field of probability theory, the book is both a summation and synthesis of a lifetime of wrestling with these problems and issues. After an introduction to basic probability theory, there are chapters on scientific hypothesis-testing, on changing your mind in response to generally uncertain observations, on expectations of (...) the values of random variables, on de Finetti's dissolution of the so-called problem of induction, and on decision theory. (shrink)

Paul Ricoeur was one of the foremost interpreters and translators of Edmund Husserl's philosophy. These nine essays present Ricoeur's interpretation of the most important of Husserl's writings, with emphasis on his philosophy of consciousness rather than his work in logic. In Ricoeur's philosophy, phenomenology and existentialism came of age and these essays provide an introduction to the Husserlian elements which most heavily influenced his own philosophical position.

Few notions are more central to Aquinas’s thought than those of matter and form. Although he invokes these notions in a number of different contexts, and puts them to a number of different uses, he always assumes that in their primary or basic sense they are correlative both with each other and with the notion of a “hylomorphic compound”—that is, a compound of matter (hyle) and form (morphe). Thus, matter is an entity that can have form, form is an entity (...) that can be had by matter, and a hylomorphic compound is an entity that exists when the potentiality of some matter to have form is actualized.1 What is more, Aquinas assumes that the matter of a hylomorphic compound explains certain of its general characteristics, whereas its form explains certain of its more specific characteristics. Thus, the matter of a bronze statue explains the fact that it is bronze, whereas its form explains the fact that it is a statue. Again, the matter of a human being explains the fact that it is a material object, whereas its form explains the specific type of material object it is (namely, human). My aim in this chapter is to provide a systematic introduction to Aquinas’s primary or basic notions of matter and form. To accomplish this aim, I focus on the two main theoretical contexts in which he deploys them—namely, his theory of change and his theory of individuation. In both contexts, as we shall see, Aquinas appeals to matter and form to account for relations of sameness and difference holding between distinct individuals. (shrink)

To describe phenomena that occur at different time scales, computational models of the brain must incorporate different levels of abstraction. At time scales of approximately 1/3 of a second, orienting movements of the body play a crucial role in cognition and form a useful computational level embodiment level,” the constraints of the physical system determine the nature of cognitive operations. The key synergy is that at time scales of about 1/3 of a second, the natural sequentiality of body movements can (...) be matched to the natural computational economies of sequential decision systems through a system of implicit reference called deictic in which pointing movements are used to bind objects in the world to cognitive programs. This target article focuses on how deictic bindings make it possible to perform natural tasks. Deictic computation provides a mechanism for representing the essential features that link external sensory data with internal cognitive programs and motor actions. One of the central features of cognition, working memory, can be related to moment-by-moment dispositions of body features such as eye movements and hand movements. (shrink)