When the US Supreme Court decided in Graham v. Florida that the Cruel and Unusual Punishments Clause of the Eighth Amendment of the Constitution prohibits a sentence of life in prison without parole for a nonhomicide crime committed by a minor, it stated that “[t]he concept of proportionality is central to the Eighth Amendment” and that it is the “precept of justice that punishment for crime should be graduated and proportioned to [the] offense.” These statements make two claims—one legal and (...) one philosophical. The philosophical claim is that justice requires proportionality in punishment, and the legal claim is that this principle of justice is central to the Eighth Amendment ban on cruel and unusual punishments. The aim of this chapter is to examine the concept of proportionality in punishment from multiple vantage points—practical, legal, and philosophical—and consider its enduring importance and persistent difficulties. (shrink)

A solution to the problem of “overcriminalization” appears to be decriminalization of certain crimes. This Essay focuses on a group of crimes that has been labeled “proxy crimes” as a candidate to be eliminated. What are proxy crimes? Douglas Husak defines them as “offenses designed to achieve a purpose other than to prevent the conduct they explicitly proscribe.” Michael Moore describes them as involving situations where we “use one morally innocuous act as a proxy for another, morally wrongful act or (...) mental state.” Put that way, proxy crimes seem highly problematic, and Larry Alexander and Kimberly Ferzan bluntly put it, “We reject proxy crimes.” This Essay asks whether we should reject proxy crimes by presenting and evaluating Alexander and Ferzan’s treatment of the subject. After describing several different types of crimes that may be characterized as proxy crimes and Alexander and Ferzan’s rejection of most of them and their arguments for doing so, this Essay argues that their rejection of proxy crimes is incomplete, which leaves their theory open to a range of possibilities regarding the proper place of proxy crimes in criminal law. This Essay concludes that getting a handle on the problem of proxy crimes and overcriminalization requires a theory of the state and an articulation of the proper relationship between the state and its citizens that can give guidance on when the state can demand obedience from citizens to support the state and when failures to comply with such demands render one criminally culpable. Without such a theory, proposals to address overcriminalization cannot travel very far. (shrink)

If one of the lessons of the ubiquitous and highly problematic ticking bomb scenario is that torture may be justified under certain narrowly specified situations, why would we not want it made available as a weapon in the government’s anti-terrorist activities? This is not a new question. It has been hotly debated, and a number of arguments have been made against the idea of formulating the torture policy on the basis of the ticking-bomb hypothetical. The question that this Essay addresses (...) is related but narrower: if one starts from the proposition that the ticking bomb scenario demonstrates that a government official facing prosecution for torture may have available the necessity defense, what implications, if any, should the government be able to draw from the existence of the defense as it formulates its torture policy? This Essay discusses, and rejects, one common answer to this question—that the nature of the necessity defense is such that it can generate no forward-looking prescriptions. This Essay then advances a new argument on the basis of the nature and function of the necessity defense as not only spelling out morally permissible instances of harm infliction but also effecting a division of power between the state and citizens. (shrink)

In the United States and elsewhere, when a person with a criminal record is convicted of a new crime and is sentenced, his or her criminal record plays a significant role in the sentencing determin...

What is the proportionate punishment for conduct that is neither harmful nor wrongful? A likely response to that is that one ought not to be punished at all for such conduct. It is, however, common for the state to punish harmless conduct the wrongfulness of which is not always apparent. Take, for example, the requirement that those who give investment advice for compensation do so only after registering as an investment advisor. Advising a person on how to invest his or (...) her funds and accepting a fee for the advice without registering with the government does not seem harmful or wrongful, so long as no fraud is involved, the relevant parties understand the relevant risks, and so on. But practicing investment advising without registering is a crime for which one may be convicted and punished. When one thinks of crimes, paradigmatic offenses are crimes like murder, rape, and robbery, but offenses like failure to register as an investment advisor are different. But in what way? One standard explanation is the distinction between two types of offenses, malum in se and malum prohibitum. Some offenses, like murder, are wrongs “in themselves” whereas other offenses, like investment advising without registering as an advisor, are wrongs because they have been prohibited. The question this Essay asks is how we should think about proportionality of punishment when punishing such mala prohibita offenses. This Essay presents a framework for such proportionality determinations and raises some challenges such a framework would need to confront. (shrink)

The wrongfulness constraint, as a principle of criminalization, is supposed to preclude criminalization in the absence of wrongfulness. Crimes that look especially problematic from the perspective of the wrongfulness constraint are mala prohibita offenses. The aim of this Essay is to consider the question whether the wrongfulness constraint can serve as an effective tool to curb overcriminalization by looking at the case of mala prohibita offenses. This Essay defends the following propositions. First, because of the availability of an array of (...) tools to defend various mala prohibita offenses as satisfying the wrongfulness constraint, it is often not a straightforward matter to demonstrate that committing a malum prohibitum offense is not wrongful. Second, as a result, the wrongfulness constraint is of limited use as a way of stemming the tide of overcriminalization. The Essay concludes by suggesting, more broadly, that the problem of overcriminalization is not that too many crimes violate the wrongfulness constraint but that criminal laws, even those that satisfy the wrongfulness constraint, can easily become a source of oppression, and that asking whether crimes violate the wrongfulness constraint may be counterproductive because the question misdirects our attention. (shrink)

Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this Article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the (...) State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are typically set forth. The Porter Court raised each, stating that we should treat veterans differently “in recognition of” both “their service” and “the intense stress and mental and emotional toll” of combat. The former factor suggests there being a “social contributions” or gratitude-based discount, whereas the latter factor points towards a “mental disturbance” discount. This Article analyzes the two accounts and raises some doubts about both. This Article then argues that a military veteran who commits a crime should not be blamed to the full extent of his blameworthiness, not necessarily because of his mental capacity nor because of his social contribution, but because the State’s hand in producing his criminality undermines its standing to blame him. (shrink)

This Article examines the idea of betraying or being disloyal to one’s own country as a matter of criminal law. First, the Article defines crimes of disloyalty as involving failures to prioritize one’s own country’s interests through participating in efforts to directly undermine core institutional resources the country requires to protect itself or otherwise advance its interests by force. Second, this Article canvasses various potential arguments for the existence of a duty not to be disloyal to one’s own country and (...) argues that they fail. Finally, this Article argues that we should interpret the wrong of disloyalty crimes as involving not betrayal or infidelity, but transgression of political boundaries. That is, the relevant wrong here is rooted in the ideas of separation of powers and assignments of roles between citizens and the state, and we should thus conceive crimes of disloyalty as crimes of usurpation and evaluate the moral rights and wrongs of such crimes accordingly. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 210-226, October 2021.

Introduction: State-Centered and Individual-Centered TheoriesWhat is philosophy of criminal law? The seventeen essays in this book, as a whole, provide an excellent place to start in answering that question. Editors John Deigh and David Dolinko state that they put together this volume of “seventeen original essays by leading thinkers in the philosophy of the criminal law” in order to create “an authoritative handbook” representing “the state of current research on the major topics in the field that arise from issues in (...) the substantive criminal law” (p. v).So what is the field, and what are its major topics? There are many ways to organize this field, but I would start by observing that we can divide the world of philosophy of criminal law into two different types of theorizing: state-centered and individual-centered. The state-centered theory focuses on the proper limits of the state’s power to criminalize and punish, while the individual-centered theory focuses on questions of innocen .. (shrink)

This paper propounds a new reading of Berkeley's account of the activity of finite spirits. Against existing interpretations, the paper argues that Berkeley does not hold that we causally contribute to the movement of our bodies. In contrast, our volitions to move our bodies are but occasions for God to cause their movement. In answer to the question of wherein then consists our activity, the paper proposes that our activity consists in the dual powers to produce (1) our volitions ? (...) the acts of willing ? and (2) our ideas of imagination. (shrink)

Is a human more conscious than an octopus? In the science of consciousness, it’s oftentimes assumed that some creatures (or mental states) are more conscious than others. But in recent years, a number of philosophers have argued that the notion of degrees of consciousness is conceptually confused. This paper (1) argues that the most prominent objections to degrees of consciousness are unsustainable, (2) examines the semantics of ‘more conscious than’ expressions, (3) develops an analysis of what it is for a (...) degreed property to count as degrees of consciousness, and (4) applies the analysis to various theories of consciousness. I argue that whether consciousness comes in degrees ultimately depends on which theory of consciousness turns out to be correct. But I also argue that most theories of consciousness entail that consciousness comes in degrees. (shrink)

Tao has been built into the foundation of East Asian culture for millennia, and many books have been written to explain it. But Tao cannot fully be explained in words; it can only felt and experienced. Tao is something you live, day by day, moment by moment. Its the omnipresent oneness beyond ephemeral phenomena that expresses itself in everything.

Scientists’ sense of social responsibility is particularly relevant for emerging technologies. Since a regulatory vacuum can sometimes occur in the early stages of these technologies, individual scientists’ social responsibility might be one of the most significant checks on the risks and negative consequences of this scientific research. In this article, we analyze data from a 2011 mail survey of leading U.S. nanoscientists to explore their perceptions the regarding social and ethical responsibilities for their nanotechnology research. Our analyses show that leading (...) U.S. nanoscientists express a moderate level of social responsibility about their research. Yet, they have a strong sense of ethical obligation to protect laboratory workers from unhealthy exposure to nanomaterials. We also find that there are significant differences in scientists’ sense of social and ethical responsibility depending on their demographic characteristics, job affiliation, attention to media content, risk perceptions and benefit perceptions. We conclude with some implications for future research. (shrink)

This paper examines the idea of "objective phenomenology," or a way of understanding the phenomenal character of conscious experiences that doesn’t require one to have had the kinds of experiences under consideration. My central thesis is that structural facts about experience—facts that characterize purely how conscious experiences are structured—are objective phenomenal facts. I begin by precisifying the idea of objective phenomenology and diagnosing what makes any given phenomenal fact subjective. Then I defend the view that structural facts about experience are (...) objective. I also argue that structural facts about experience, despite being objective, nevertheless still give rise to an explanatory gap. (shrink)

Totalitarianism is perhaps unanimously regarded as one of the greatest political evils of the last century and has been the grounds for much of Anglo-American political theory since. Confucianism, meanwhile, has been gaining credibility in the past decades among sympathizers of democratic theory in spite of criticisms of it being anti-democratic or authoritarian. I consider how certain key concepts in the classical Confucian texts of the Mencius and the Xunzi might or might not be appropriated for ‘legitimising’ totalitarian regimes. Under (...) an Arendtian approach to understanding totalitarianism, it is precisely an unproblematised relation to a normative History and Nature that underlies the potential compatibility or incompatibility. I argue against a longstanding prejudice that if any form of Confucianism would be totalitarian, it would have to be Xunzian. Against this, I hope to show that if any form of Confucianism would be totalitarian, it might well be a naturalistic Mencian Confucianism instead of a constructivist Xunzian one. (shrink)

Bartky draws on the experience of daily life to unmask the many disguises by which intimations of inferiority are visited upon women. She critiques both the male bias of current theory and the debilitating dominion held by notions of "proper femininity" over women and their bodies in patriarchal culture.

To address the rising concern that algorithmic decision-making may reinforce discriminatory biases, researchers have proposed many notions of fairness and corresponding mathematical formalizations. Each of these notions is often presented as a one-size-fits-all, absolute condition; however, in reality, the practical and ethical trade-offs are unavoidable and more complex. We introduce a new approach that considers fairness—not as a binary, absolute mathematical condition—but rather, as a relational notion in comparison to alternative decision-making processes. Using U.S. mortgage lending as an example use (...) case, we discuss the ethical foundations of each definition of fairness and demonstrate that our proposed methodology more closely captures the ethical trade-offs of the decision-maker. (shrink)

Although some regulatory frameworks for the occupational health and safety of nanotechnology workers have been developed, worker safety and health issues in these laboratory environments have received less attention than many other areas of nanotechnology regulation. In addition, workers in nanotechnology labs are likely to face unknown risks and hazards because few of the guidelines and rules for worker safety are mandatory. In this article, we provide an overview of the current health and safety guidelines for nanotechnology laboratory workers by (...) exploring guidelines from different organizations, including the Department of Energy Nanoscale Science Research Centers, Massachusetts Institute of Technology, the National Institutes of Health, the National Institute for Occupational Safety and Health, the Occupational Safety and Health Administration, Texas A&M University, and University of Massachusetts-Lowell. After discussing these current guidelines, we apply an ethical framework to each set of guidelines to explore any gaps that might exist in them. By conducting this gap analysis, we are able to highlight some of the weaknesses that might be important for future policy development in this area. We conclude by outlining how future guidelines might address some of these gaps, specifically the issue of workers’ participation in the process of establishing safety measures and the development and enforcement of more unified guidelines. (shrink)

I ARGUE THAT SPINOZA’S DEVELOPMENT OF THE CONCEPT OF ’CONATION’ IS A CONSISTENT ANALYSIS BASED UPON HIS CLAIM THAT TELEOLOGICAL OR FUNCTIONAL EXPLANATION IS EITHER REDUCIBLE TO CAUSAL EXPLANATION (IN TERMS OF DRIVES) OR IS NOT GENUINELY EXPLANATORY. SEVERAL IMPORTANT CONSEQUENCES OF THIS FOR SPINOZA’S ACCOUNT OF HUMAN APPETITION ARE PURSUED, AND SOME CONSEQUENCES FOR HIS POLITICAL THEORY ARE MENTIONED IN CLOSING.

Relativism, the position that things are for each as they seem to each, was first formulated in Western philosophy by Protagoras, the 5th century BC Greek orator and teacher. This book focuses on the challenge to the possibility of expert knowledge posed by Protagoras, together with responses by the three most important philosophers of the next generation, Plato, Aristotle, and Democritus. In his book Truth, Protagoras made vivid use of two provocative but imperfectly spelled out ideas. First, that everyone is (...) a ‘measure’ of the truth, and that everyone is already capable of determining how things are, since the senses are the best and most credible guides to the truth. Second, given that things appear differently to different people, there is no basis on which to decide that one appearance is true rather than the other. Plato developed these ideas into a more fully worked-out theory, which he then subjected to refutation in the Theaetetus. Aristotle argued that Protagoras’ ideas lead to skepticism in Metaphysics Book G, a chapter which reflects awareness of Plato’s reaction in the Theaetetus. Finally, Democritus incorporated modified Protagorean ideas and arguments into his theory of knowledge and perception. There have been many important recent studies of these thinkers in isolation. However, there has been no attempt to tell a single, coherent story about how Democritus, Plato, and Aristotle responded to Protagoras’ striking claim, and to its perceived implications about knowledge, perception, and truth. This book offers a new account of this important chapter in the development of Greek epistemology. (shrink)

Neste artigo, interrogamos os funcionamentos do conceito de platô em "Mil Platôs" (1980), a obra-prima de Deleuze e Guattari. Essa pesquisa esclarece, de forma concreta, duas linhas de pensamento, que são a epistemológica, por um lado, e a ética, por outro, enfocando os parágrafos nos quais Deleuze e Guattari usam efetivamente esse conceito. Do ponto de vista epistemológico, o conceito de platô permite praticar uma maneira de escrita rizomática e a explicação antiteleológica. Do ponto de vista ético, esse conceito, tirado (...) de Gregory Bateson, nos convida a formar a alegria contínua e global, ou a gaieté em termos espinosistas. In this paper, we question the workings of the concept of plateau in "A Thousand Plateaus" (1980), Deleuze and Guattari's chef-d'oeuvre. This research specifically clarifies two lines of thought, which are epistemological on the one hand, and ethics on the other hand, focusing on the paragraphs where Deleuze and Guattari actually employ this concept. From the epistemological point of view, the concept of plateau allows practicing a way of rhizomatic writing and anti-teleological explanation. From the point of view of ethics, this concept borrowed from Gregory Bateson invites us to form the continuous and global joy, or gaiety in Spinoza's terms. (shrink)

Ludwig Wittgenstein and Martin Heidegger are two of the most important--and two of the most difficult--philosophers of the twentieth century, indelibly influencing the course of continental and analytic philosophy, respectively. In _ Groundless Grounds_, Lee Braver argues that the views of both thinkers emerge from a fundamental attempt to create a philosophy that has dispensed with everything transcendent so that we may be satisfied with the human. Examining the central topics of their thought in detail, Braver finds that Wittgenstein and (...) Heidegger construct a philosophy based on _original_ _finitude_--finitude without the contrast of the infinite. In Braver's elegant analysis, these two difficult bodies of work offer mutual illumination rather than compounded obscurity. Moreover, bringing the most influential thinkers in continental and analytic philosophy into dialogue with each other may enable broader conversations between these two divergent branches of philosophy. Braver's meticulously researched and strongly argued account shows that both Wittgenstein and Heidegger strive to construct a new conception of reason, free of the illusions of the past and appropriate to the kind of beings that we are. Readers interested in either philosopher, or concerned more generally with the history of twentieth-century philosophy as well as questions of the nature of reason, will find _Groundless Grounds _of interest. (shrink)

This volume sets out to reverse the neglect.

Taking a Stand in a Postfeminist World offers an engaged cultural criticism in a postfeminist context.

David Lewis—famously—never tasted vegemite. Did he have any knowledge of what it's like to taste vegemite? Most say 'no'; I say 'yes'. I argue that knowledge of what it’s like varies along a spectrum from more exact to more approximate, and that phenomenal concepts vary along a spectrum in how precisely they characterize what it’s like to undergo their target experiences. This degreed picture contrasts with the standard all-or-nothing picture, where phenomenal concepts and phenomenal knowledge lack any such degreed structure. (...) I motivate the degreed picture by appeal to (1) limits in epistemic abilities such as recognition, imagination, and inference, and (2) the semantics of ‘knows what it’s like’ expressions. I argue that approximate phenomenal knowledge cannot be explained merely via determinable or vague phenomenal concepts. I develop a framework for systematizing approximate knowledge of phenomenal character. And I explain how my view challenges some standard assumptions about the acquisition conditions, requirements for mastery, and referential mechanisms of phenomenal concepts. (shrink)

What is post-truth? -- Science denial as a road map for understanding post-truth -- The roots of cognitive bias -- The decline of traditional media -- The rise of social media and the problem of fake news -- Did post-modernism lead to post-truth? -- Fighting post-truth.

The normativity of so-called “coherence” or “structural” requirements of rationality has been hotly debated in recent years. However, relatively little has been said about the nature of structural rationality, or what makes a set of attitudes structurally irrational, if structural rationality is not ultimately a matter of responding correctly to reasons. This paper develops a novel account of incoherence (or structural irrationality), critically examining Alex Worsnip’s recent account. It first argues that Worsnip’s account both over-generates and under-generates incoherent patterns of (...) attitudes, and then proposes an alternative that both avoids these problems and captures a crucial insight behind Worsnip’s account. According to this account, a set of attitudes is incoherent just in case having all of the attitudes in that set is incompatible with reacting to a question in a way that one is, in virtue of having the attitudes, committed to. (shrink)

Nietzsche’s Eternal Return (ER) is interpreted in many ways, including by him. I present it as a hermeneutic device, a way of reading texts, especially those whose influence threatens one’s authorial autonomy and/or are later difficult to take ownership of due to philosophical growth. It returns past texts with new interpretations, similar to the way ER leads one to embrace one’s past without changing anything, which radically changes everything from a resented painful burden into a celebrated enhancement of freedom and (...) power. I show how he could have derived the idea from Schopenhauer, his own embarrassing past, by performing the technique on Schopenhauer. The same attitude toward past texts of recreating them according to one’s present interests and concerns simultaneously releases one’s present texts for future readers to impose their readings onto them, just as Zarathustra tells his followers not to follow him. Heidegger takes the idea up in a far more nuanced account than he is usually given credit for and applies it, among other places, to the history of philosophy. All philosophers say the same as it keeps returning. Derrida then recreates this as iterability, the deconstruction of the no/change dichotomy that Nietzsche began. (shrink)

A response to a declaration in 'Le Monde', 'Luttons efficacement contre les théories du complot' by Gérald Bronner, Véronique Campion-Vincent, Sylvain Delouvée, Sebastian Dieguez, Karen Douglas, Nicolas Gauvrit, Anthony Lantian, and Pascal Wagner-Egger, published on June the 6th, 2016.

Mental toughness (MT) is a key psychological variable related to achievement in performance domains and perseverance in challenging circumstances. We sought to understand the lived experiences of mentally tough high-altitude mountaineers, focusing primarily upon decisions to persevere or abort summit attempts. Phenomenological interviews were conducted with 14 mountaineers including guides, expedition leaders, and doctors (Mage = 44 years). A content analysis was employed to identify key themes in the data. Participants emphasized the importance of MT in extreme environments and described (...) rational, flexible, and vigilant decision-making. Turning around without summiting was the toughest decision reported, with recognition of the thin line between persevering and overstretching. In contrast to much MT literature, mountaineers accepted limits, demonstrated restraint, and sacrificed personal goals to aid others. Costly perseverance was also reported with some mountaineers described as “too tough”: overcompetitive, goal-obsessed, and biased decision-makers. These findings revealed both benefits and dangers of MT in mountaineering. (shrink)

This paper develops a theory of analog representation. We first argue that the mark of the analog is to be found in the nature of a representational system’s interpretation function, rather than in its vehicles or contents alone. We then develop the rulebound structure theory of analog representation, according to which analog systems are those that use interpretive rules to map syntactic structural features onto semantic structural features. The theory involves three degree-theoretic measures that capture three independent ways in which (...) a system can be more or less analog. We explain how our theory improves upon prior accounts of analog representation, provides plausible diagnoses for novel challenge cases, extends to hybrid systems that are partially analog and partially symbolic, and accounts for some of the advantages and disadvantages of representing analogically versus symbolically. (shrink)

The emphasis on evidence based medicine (EBM) has placed increased focus on finding timely answers to clinical questions in presence of patients. Using a combination of natural language processing for the generation of clinical excerpts and information theoretic distance based clustering, we evaluated multiple approaches for the efficient presentation of context-sensitive EBM excerpts.

This paper explains the nature and origin of what I am calling Transgressive Realism, a middle path between realism and anti-realism which tries to combine their strengths while avoiding their weaknesses. Kierkegaard created the position by merging Hegel’s insistence that we must have some kind of contact with anything we can call real (thus rejecting noumena), with Kant’s belief that reality fundamentally exceeds our understanding; human reason should not be the criterion of the real. The result is the idea that (...) our most vivid encounters with reality come in experiences that shatter our categories, the way God’s commandment to kill Isaac irreconcilably clashes with the best understanding of ethics we are capable of. I explain the genesis of this idea, and then show it at work in Heidegger and Levinas’ thought. Understanding this position illuminates important aspects of the history of continental philosophy and offers a new perspective on realism. (shrink)

The future is kid stuff -- Sinthom-osexuality -- Compassion's compulsion -- No future.