Through the criminal justice system so-called dangerous offenders are, besides the offence that they are being convicted of and sentenced to, also punished for acts that they have not done but that they are believe to be likely to commit in the future. The aim of this paper is to critically discuss whether some adherents of retributivism give a plausible rationale for punishing offenders more harshly if they, all else being equal, by means of predictions are believed to be more (...) dangerous than other offenders. While consequentialism has no problem, at least in principle, with this use of predictions most retributivists have been opponents of punishing offenders on the basis of predictions. How can an offender deserve to be punished for something that he has not done? But some retributivists like Anthony Duff and Stephen Morse have argued in favor of punishing offenders who are considered to be dangerous in the future more harshly than non-dangerous offenders. After having reconstructed their arguments in detail, it will be argued that both Duff’s and Morse’s attempts to give a retributivistic justification have several shortcomings. (shrink)

Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.

Over the past few decades criminal law scholarship has been dominated by moralistic conceptions of the criminal law but recent years have seen the emergence of the so-called ‘political turn’ in criminal law theorizing. In this article I analyze the theory proffered by Vincent Chiao, one of the most persuasive proponents of the political or ‘public law’ trend, in contradistinction to the moralistic theory of criminalization defended by Anthony Duff. I demonstrate that the differences between the two theories (...) are more nuanced and more complex than first appears. In fact, because of how it concerns itself only with moral wrongdoing of a certain kind – namely, public wrongdoing – it turns out that Duff’s theory is best analyzed as a version of the public law account of criminal law. I argue that taking on Chiao’s public law approach, but allowing it to be informed by the principles of Duff’s (rather than Chiao’s) political philosophy, holds out the most promise for reaching a satisfactory conception of criminal law. I finish by considering this conclusion in light of the fact that hybrid theories are nothing new in the debate between retributivism and instrumentalism, a dividing line along which Chiao’s and Duff’s theories fall. I argue that the particular hybrid theory I defend holds important advantages over other such theories. (shrink)

Retributivism is currently a keenly debated theory of punishment. In this volume, the contributors explore its various dimensions including its implications for sentencing and evaluate it against utilitarian options. Content: Jean Hampton: An Expressive Theory of Retribution u Brian Slattery: The Myth of Retributive Justice u Tim Dare: Retributivism, Punishment and Public Values u Anthony Duff: Alternatives to Punishment - or Alternative Punishments u Jerome Bickenbach: Duff on Non-Custodial Punishment u Sandra Marshall: Harm and Punishment in the (...) Community. (Franz Steiner 1992). (shrink)

Resolving to finish reading a novel, staying true to your punk style, or dedicating your life to an artistic project: these are examples of aesthetic commitments. I develop an account of the nature of such commitments, and I argue that they are significant insofar as they help us manage the temporally extended nature of our aesthetic agency and our relationships with aesthetic objects. At the same time, focusing on aesthetic commitments can give us a better grasp on the nature of (...) aesthetic normativity; this is because, in making aesthetic commitments, we are capable of giving aesthetic concerns the weight of obligation. I argue that appealing to aesthetic commitments allows us to account for the existence of aesthetic obligations as well as their grounding. I conclude by arguing that, although the aesthetic domain is a domain of play and freedom of choice, there is nevertheless an important place in it for both aesthetic commitments and the aesthetic obligations they generate. (shrink)

There is no doubt that the model presented here is incomplete. Many important categories, particularly negation and the adverbials, have been entirely ignored, and the treatment of Tense and the affixes is certainly inadequate. It also remains to be seen how the many constructions that have been ignored here are to be accommodated within the framework that has been outlined. However, the fact that a standard categorial lexicon, plus the four rule schemata, seems to come close to exhaustively specifying the (...) main clause constructions of English, and also seems to explain a number of major constraints on transformations, encourages us to compare the theory with certain alternatives, and to examine its broader implications. (shrink)

Most recent discussions of reasons in art criticism focus on reasons that justify beliefs about the value of artworks. Reviving a long-neglected suggestion from Paul Ziff, I argue that we should focus instead on art-critical reasons that justify actions—namely, particular ways of engaging with artworks. I argue that a focus on practical rather than theoretical reasons yields an understanding of criticism that better fits with our intuitions about the value of reading art criticism, and which makes room for a nuanced (...) distinction between criticism that aims at universality and criticism that is resolutely personal. (shrink)

Anthony Quinton; I*—The Presidential Address: Social Objects, Proceedings of the Aristotelian Society, Volume 76, Issue 1, 1 June 1976, Pages 1–28, https://doi.

An ethic of the fitting: a conceptual framework for nursing practiceNurses are expected to act within an ethos of care cognisant of duty, the right, and the good. Concepts of virtue theory, utilitarianism and deontology are used to outline a conceptual ethical framework for nurses in practice. This ‘Moebius’ framework aims to locate the virtues in a symbiotic relationship with the principles of utilitarianism and deontology. Under this framework, fitting ethical responses are sought. Within an ethic of the fitting, rules (...) and principles do not guarantee the most ethically justifiable outcomes. Within the Moebius approach, the nurse ought to respond with a sense of compassion that befits the moment rather than adhere to a rule at all costs. (shrink)

The aesthetic domain is a social one. We coordinate our individual acts of creation, appreciation, and performance with those of others in the context of social aesthetic practices. More strongly, many of the richest goods of our aesthetic lives are constitutively social; their value lies in the fact that individuals are engaged in joint aesthetic agency, participating in cooperative and collaborative project that outstrips what can be realized alone. I provide an account of nature and value of two such social (...) aesthetic goods—aesthetic communities and aesthetic traditions—and further argue that such goods are a core constituent of an aesthetically good life. At the same time, I argue that the ideals of the dominant theory of aesthetic value, aesthetic value hedonism, are incompatible with a full commitment to these social aesthetic goods; the hedonist is thereby alienated from the other participants within aesthetic communities and traditions. This sets up a dilemma for the hedonist: either the hedonist must bite the bullet, accepting that the theory leads to a problematic form of aesthetic alienation; or, we must reject aesthetic value hedonism and adopt a different theory of aesthetic value which accommodates the value of social aesthetic goods. I argue that we should take the second horn of the dilemma. (shrink)

Anthony Quinton; I*—The Presidential Address: Social Objects, Proceedings of the Aristotelian Society, Volume 76, Issue 1, 1 June 1976, Pages 1–28, https://doi.

It is uncontroversial that our engagement with artworks is constrained by obligations; most commonly, these consist in obligations to other persons, such as artists, audiences, and owners of artworks. A more controversial claim is that we have genuine obligations to artworks themselves. I defend a qualified version of this claim. However, I argue that such obligations do not derive from the supposed moral rights of artworks – for no such rights exist. Rather, I argue that these obligations are instances of (...) duties of love: obligations that one incurs in virtue of loving some object, be it a person or, in this case, an artwork. (shrink)

The standard by which we apply decision-making for those unable to do so for themselves is an important practical ethical issue with substantial implications for the treatment and welfare of such individuals. The approach to proxy or surrogate decision-making based upon substituted judgement is often seen as the ideal standard to aim for but suffers from a need to provide a clear account of how to determine the validity of the proxy's judgements. Proponents have responded to this demand by providing (...) the truth-conditions for the substituted judgement in terms of counterfactual reasoning using a possible worlds semantics. In this paper, I show how these underpinnings fail to support the substituted judgement approach as a reasonable standard for decision-making. Firstly, I show how this counterfactual element has been poorly interpreted. I then explain how various accounts have failed to reflect problems and limitations associated with providing an interpretation of their truth-conditions using counterfactuals. Finally, I argue that, even when we attend to the initial problems of providing a counterfactual analysis, it still deeply problematic as a means of determining the validity of substituted judgements for two main reasons. Firstly, making determinate judgements as to the truth-value of these judgements will often not be possible and, secondly, there is a strong requirement when interpreting many counterfactual claims to charitably accede to their being true. I conclude that substituted judgements, as interpreted through counterfactual reasoning and possible worlds semantics, do not therefore provide an adequate standard for surrogate decision-making. (shrink)

Ideophony is a neglected aspect of investigations of world poetic traditions. This article looks at the use of ideophony in a variety of Navajo poetic genres. Examples are given from Navajo place-names, narratives, and songs. A final example involves the use of ideophony in contemporary written Navajo poetry. Using the work of Woodbury, Friedrich, and Becker it is argued that ideophones are an example of form-dependent expression, poetic indeterminacy, and the inherent exuberances and deficiencies of translation and thus strongly resists (...) translation. This fact becomes more relevant when understood in light of the current language shift from Navajo to English. (shrink)

Parfit’s (1984) Non-Identity Problem provides a strong line of argument that we cannot be harmed by pre-conception choices or actions. I argue that we can no longer appeal to the Non-Identity problem in order to justify using pre-conception genetic screening and selection techniques as a harmless tool to determine the genetic constitution of future individuals. My criticism of the Non-Identity problem is based on a rejection of the metaphysical foundations of Parfit’s argument - Kripke’s (1980) essentialist arguments for the necessity (...) of origin. I offer an alternative account of modal harms based on counterpart theory such as that offered by David Lewis (1986). On this account, individuals can make legitimate harm claims in regard to pre-conception choices made in determining their genetic constitution by appeal to their counterparts across possible worlds. (shrink)

This book examines the notion of honor with an eye to dissecting its intellectual demise and with the aim of making a case for honor’s rehabilitation. Western intellectuals acknowledge honor’s influence, but they lament its authority. For Western democratic societies to embrace honor, it must be compatible with social ideals like liberty, equality, and fraternity. Cunningham details a conception of honor that can do justice to these ideals. This vision revolves around three elements—character , relationships , and activities and accomplishment (...) . Taken together, these elements articulate a shared aspiration for excellence. We can turn the tables on traditional ills of honor—serious problems of gender, race, and class—by forging a vision of honor that rejects lives predicated on power and oppression. (shrink)

Introspective evidence is still treated with great suspicion in cognitive science. This work is designed to encourage cognitive scientists to take more account of the subject's unique perspective.

This thoughtful book argues that skepticism -- the view that reliable knowledge is beyond our grasp -- is unavoidable unless knowledge is thought of not as merely an intellectual matter but as crucial to practical activity and emotional life. Author Anthony Rudd ties this idea to the work of Wittgenstein and Heidegger, exploring important similarities between the former's reminders of the "expressive" character of human experience and the latter's account of ways to experience the physical world "expressively.".

Recent legal rulings concerning the status of advance statements have raised interest in the topic but failed to provide any definitive general guidelines for their enforcement. I examine arguments used to justify the moral authority of such statements. The fundamental ethical issue I am concerned with is how accounts of personal identity underpin our account of moral authority through the connection between personal identity and autonomy. I focus on how recent Animalist accounts of personal identity initially appear to provide a (...) sound basis for extending the moral autonomy of an individual - and hence their autonomous wishes expressed through an advance directive - past the point of severe psychological decline. I argue that neither the traditional psychological account nor the more recent Animalist account of personal identity manage to provide a sufficient basis for extending our moral autonomy past the point of incapacity or incompetence. I briefly explore how analogies to similar areas in law designed to facilitate autonomous decision, such as wills and trusts, provide at best only very limited scope for an alternative justification for granting advance statements any legal or moral authority. I conclude that whilst advance statements play a useful role in formulating what treatment is in a patient’s best interests, such statements do not ultimately have sufficient moral force to take precedence over paternalistic best interest judgements concerning an individual’s care or treatment. (shrink)

Increasing computational power and improving deep learning methods have made computer vision technologies pervasively common in urban environments. Their applications in policing, traffic management, and documenting public spaces are increasingly common (Ridgeway 2018, Coifman et al. 1998, Sun et al. 2020). Despite the often-discussed biases in the algorithms' training and unequally borne benefits (Khosla et al. 2012), almost all applications similarly reduce urban experiences to simplistic, reductive, and mechanistic measures. There is a lack of context, depth, and specificity in these (...) practices that enables semantic knowledge or analysis within urban contexts, especially within the context of using and occupying urban space. This paper will critique existing uses of artificial intelligence and computer vision in urban practices to propose a new framework for understanding people, action, and public space. This paper revisits Geertz's (1973) use of thick descriptions in generating interpretive theories of culture and activity and uses this lens to establish a framework to approach evaluating the varied uses of computer vision technologies that weigh meaning. By discussing cases of implemented examples of urban computer vision—from LinkNYC and Numina's urban measurements to the Detroit Police's use of DataWorks Plus's facial recognition technology—it proposes a framework for evaluating the thickness of the algorithm's conclusions against the computational method's complexity required to produce that outcome. Further, we discuss how the framework's positioning may differ (and conflict) between different users of the technology, from engineer to urban planner and policymaker, to citizen. This paper also discusses how the current use and training of deep learning algorithms and how this process limits semantic learning and proposes three potential methodologies toward gaining a more contextually specific, urban-semantic, description of urban space relevant to urbanists. This paper contributes to the critical conversations regarding the proliferation of artificial intelligence by challenging the current applications of these technologies in the urban environment by highlighting their failures within this context while also proposing an evolution of these algorithms that may ultimately make them sensitive and useful within this spatial and cultural milieu. (shrink)

Addressing the matter of attention from a phenomenological perspective as it bears on the problem of becoming aware, I draw on Edmund Husserl''s analyses and distinctions that mark his genetic phenomenology. I describe several experiential levels of affective force and modes of attentiveness, ranging from what I call dispositional orientation and passive discernment to so-called higher levels of attentiveness in cognitive interest, judicative objectivation, and conceptualization. These modes of attentiveness can be understood as motivating a still more active mode of (...) reflective attention, i.e., philosophical attentiveness, and to this extent, even it would be subject to varying influences of affection. What role, if any, does affection play in a peculiar kind of reflective attention that is phenomenological? I conclude by briefly considering phenomenological reflective attentiveness and its relation to affection. (shrink)

An integrated statement is made concerning the semantic status of nodes in a propositional semantic network, claiming that such nodes represent only intensions. Within the network, the only reference to extensionality is via a mechanism to assert that two intensions have the same extension in same world. This framework is employed in three application problems to illustrate the nature of its solutions.The formalism used here utilizes only assertional information and no structural, or definitional, information. This restriction corresponds to many of (...) the psychologically motivated network models. Some of the psychological implications of network processes called node merging and node splitting are discussed. Additionally, it is pointed out that both our networks and the psychologically based networks are prone to memory confusions about knowing unless augmented by domain‐specific inference processes, or by structural information. (shrink)

The standard definition of atomicity—the thesis that everything is ultimately composed of entities that lack proper parts—is satisfied by a model that is not atomistic. The standard definition is therefore an incorrect characterization of atomicity. I show that the model satisfies the axioms of all but the strongest mereology and therefore that the standard definition of atomicity is only adequate given some controversial metaphysical assumptions. I end by proposing a new definition of atomicity that does not require extensionality or unrestricted (...) summation. (shrink)

Name der Zeitschrift: Archiv für Geschichte der Philosophie Jahrgang: 97 Heft: 2 Seiten: 160-195.

Contemporary nonanthropocentic environmental ethics is profoundly shaped by the very anthropocentrism that it tries to transcend. New values only slowly struggle free of old contexts. Recognizing this struggle, however, opens a space for—indeed, necessitates—alternative models for contemporary environmental ethics. Rather than trying to unify or fine-tune our theories, we require more pluralistic andexploratory methods. We cannot reach theoretical finality; we can only co-evolve an ethic with transformed practices.

Two thousand years ago, Lucretius said that everything is atoms in the void; it's physics all the way down. Contemporary physicalism agrees. But if that's so how can we—how can our thoughts, emotions, our values—make anything happen in the physical world? This conceptual knot, the mental causation problem, is the core of the mind-body problem, closely connected to the problems of free will, consciousness, and intentionality. Anthony Dardis shows how to unravel the knot. He traces its early appearance in (...) the history of philosophical inquiry, specifically in the work of Plato, Aristotle, Descartes, and T. H. Huxley. He then develops a metaphysical framework for a theory of causation, laws of nature, and the causal relevance of properties. Using this framework, Dardis explains how macro, or higher level, properties can be causally relevant in the same way that microphysical properties are causally relevant: by their relationship with the laws of nature. Smelling an orange, choosing the orange rather than the cheesecake, reaching for the one on the left instead of the one on the right-mental properties such as these take their place alongside the physical "motor of the world" in making things happen. (shrink)

We might begin by trying to unsettle the apparently natural inferences that are supposed to lead us so ineluctably to recognize something called “intrinsic value”.

The question of modernity has provoked a vigorous debate in the work of thinkers from Hegel to Habermas. Our own self-styled postmodern age has seen no end to this debate, which now receives a major and wide-ranging intervention from the theorist and critic Anthony J. Cascardi. Offering an historical account of the origins and transformations of the rational subject or self as it is represented in Descartes, Cervantes, Pascal, Hobbes and the Don Juan myth, he carries his argument across (...) the fields of epistemology, literature, political science, religion and psychology. The modern subject proves to be positioned within conflicting discourses, in a culture characterised by its 'detotalised totality'. Max Weber's concept of 'world disenchantment' enables Cascardi to make a searching critique of modernity's sense of its absoluteness, divorced from an archaic, 'enchanted' world. He advocates in its place a more fruitful relationship between historical analysis and theoretical speculation, offering constructive new alternatives to current orthodoxy regarding subjectivity and modernity. (shrink)

Creativity for Critical Thinkers is a how-to book in creative thinking, specifically orientated towards college courses in critical thinking and with a strong appeal to the general reader as well. It offers a vital but often overlooked set of thinking skills: multiplying options, brainstorming, lateral thinking, reframing problems, and many others. These skills are reinforced by applications and exercises covering a wide range of topics, from the annoyance of everyday life to the largest issues on the world stage.