Some retributivists claim that when we punish wrongdoers we achieve a good: justice. The paper argues that the idea of justice, though rhetorically freighted with positive value, contains only a small core of universally-agreed meaning; and its development in a variety of competing conceptions simply recapitulates, without resolving, debates within the theory of punishment. If, to break this deadlock, we stipulate an expressly retributivist conception of justice, then we should concede that punishment which is just may be morally wrong.

In a systematic investigation of national art histories, Bernard Smith’s Place, Taste and Tradition: A Study of Australian Art since 1788, first published in 1945, would likely emerge as an Ur-text of the genre. The book’s rewriting of Australian art history within a Marxist tradition of ‘culturalist’ criticism was a major advance on the available models. Its success stems in no small part from its judicious and balanced account of how social forces intersect. The book privileges economic production as a (...) primary force, as does any Marxian text deserving of the name, but no more than it privileges cultural production and reception as primary forces. (shrink)

Is there a place for the tragic vision in an orderly scheme of things? This is the question that Patrick Madigan asks in an interesting essay that explores not only the place of tragedy and comedy in human experience, but also the place of the opening that tragedy represents in the Aristotelian system. He argues that Aristotle's view of being, if rightly understood, can accept and even embrace the tragic vision, and moreover that the perspective on human experience laid open (...) by tragedy can lead to a more complete understanding of ourselves and the world we try to come to terms with. He argues that it is only in the dreadful character of tragic experience that we can be shocked out of a complacent "doxalogical slumber" into the genuinely self-critical examination required for the attainment of theoretical knowledge. (shrink)

This book provides an elegant account of the nature of the individual, without reducing it to a cluster of universals or claiming that it is a bare particular that must be acknowledged but never articulated.

Continuing the investigation in his earlier Individuals and individuality, Martine (philosophy, U. of Alabama) demonstrates that indeterminacy in our experience is logically bound to the determinate dimensions of thought and practice.

Moral Appraisability is not quite such a good book as its confident and lucid introduction leads one to hope, but it is work of both substance and promise. Ishtiyaque Haji’s main project is to determine sufficient conditions for moral appraisability: that is, for the propriety of holding an agent praiseworthy or blameworthy for an action. Identifying three primary conditions—control, autonomy, and epistemic—he refines them with the aid of a meticulous analysis of recent discussions and a range of vivid examples, and (...) applies them in his closing chapters to such vexed questions as the responsibility of addicts for their addictive behavior, the justification of cross-cultural attributions of blame, and our appraisability for our thoughts when dreaming. (shrink)

Claudia Card’s The Unnatural Lottery is a fluently written and intricately argued study of the importance of historical difference for moral thought and action. It moves from theoretical and methodological arguments, in which the philosophical interest of the work largely resides, into a series of applications, mainly in the field of sexual politics, which are always at least thought-provoking.

This paper argues that "moral luck", understood as a susceptibility of moral desert to lucky or unlucky outcomes, does not exist. The argument turns on the claim that epistemic inquiry is an indissoluble part of moral responsibility, and that judgment on the moral decision making of others should and can adjust for this fact; test cases which aim to isolate moral dilemmas from epistemic consideration misrepresent our moral experience. If the phenomena believed by some philosophers to exemplify the need to (...) admit moral luck as part of their explanation are analysed in the light of this insight, the case for "moral luck" dissolves. (shrink)

The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the ‘protecting’ intuition, using some more powerful intuition specially invoked (...) by the situations to which criminal justice is addressed. In one aspect of his complex defence of pure retributivism, Michael S. Moore attempts to show that the emotions of well-adjusted persons provide evidence of moral facts which justify the affliction of culpable wrongdoers in retribution for their wrongdoing. In particular, he appeals to the evidential significance of emotions aroused by especially heinous crimes, including the punishment-seeking guilt of the offender who truly confronts the reality of his immoral act. The paper argues that Moore fails to vindicate this appeal to moral realism, and thus to show that intrinsic personal moral desert (as distinct from ‘desert’ in a more restricted sense, relative to morally justified institutions) is a necessary and sufficient basis for punishment. Other theories of the role of emotions in morality are as defensible as Moore’s, while the compelling emotions to which he appeals to clinch his argument can be convincingly situated within a non-retributivist framework, especially when the distinction between the intuitions of the lawless world, and those of the world of law, is recognised. -/- . (shrink)

In contrast to the vast literature on retributive theories of punishment, discussions of private revenge are rare in moral philosophy. This paper reviews some examples, from both classical and recent writers, finding uncertainty and equivocation over the ethical significance of acts of revenge, and in particular over their possible resemblances, in motive, purpose or justification, to acts of lawful punishment. A key problem for the coherence of our ethical conception of revenge is the consideration that certain acts of revenge may (...) be just (at least in the minimal sense that the victim of revenge has no grounds for complaint against the revenger) and yet be generally agreed to be morally wrong. The challenge of explaining adequately why private revenge is morally wrong poses particular difficulty for purely retributive theories of punishment, since without invoking consequentialist reasons it does not seem possible adequately to motivate an objection to just and proportionate acts of revenge. (shrink)

The latest volume in the Oxford Readings in Philosophy series, this work brings together some of the best and most influential recent philosophical scholarship on Nietzsche. Opening with a substantial introduction by John Richardson, it covers: Nietzsche's views on truth and knowledge, his 'doctrines' of the eternal recurrence and will to power, his distinction between Apollinian and Dionysian art, his critique of morality, his conceptions of agency and self-creation, and his genealogical method. For each of these issues, the papers (...) show Nietzsche's continuing philosophical importance. Giving a clear and accessible overview, while retaining an analytical philosophical approach throughout, this volume is essential reading for all students of Nietzsche. (shrink)

The growth of self-tracking and personal surveillance has given rise to the Quantified Self movement. Members of this movement seek to enhance their personal well-being, productivity, and self-actualization through the tracking and gamification of personal data. The technologies that make this possible can also track and gamify aspects of our interpersonal, romantic relationships. Several authors have begun to challenge the ethical and normative implications of this development. In this article, we build upon this work to provide a detailed ethical analysis (...) of the Quantified Relationship. We identify eight core objections to the QR and subject them to critical scrutiny. We argue that although critics raise legitimate concerns, there are ways in which tracking technologies can be used to support and facilitate good relationships. We thus adopt a stance of cautious openness toward this technology and advocate the development of a research agenda for the positive use of QR technologies. (shrink)

In justifying punishment we sometimes appeal to the idea that the punished offender has, by his criminal action against others, forfeited his moral right (and therefore his legal right) against hard treatment by the state. The imposition of suffering, or deprivation of liberty, loses its prima facie morally objectionable character, and becomes morally permissible. Philosophers interrogating the forfeited right theory generally focus on whether the forfeiting of the right constitutes a necessary or a sufficient condition for punishment to be permissible; (...) rarely do they ask whether the idea of a right that can be forfeited is itself morally illuminating. The paper examines and criticizes various versions of this theory. It concludes that the forfeited right arguments add little other than rhetorical dignity to the existing repertoire of justifications for punishment. They can be most usefully understood as communicating the thought that the offender cannot reasonably complain about the violation of rights he himself has violated. But the incapacitation of the offender’s reasonable complaint does not entail that we are justified in punishing him. (shrink)

The paper argues that our emotions in response to fictional representations are best explained, not as requiring a suspension of disbelief, but as resembling the emotions we feel when we propound a hypothetical case to ourselves, such as the imagined happiness or suffering of ourselves or another. In reading fiction we voluntarily participate in a hypothesis represented by the work. If this explanation is accepted, we can retain the view that beliefs always entail commitment to the reality of what is (...) believed. (shrink)

A review of Michael Wood's book, On Empson.

The paper seeks to defend the following view. Aesthetic experience is historically contingent. Each of us is situated at a unique point in space and time, from which standpoint we continuously imagine our personal, and our collective, history. Our experience of any object of aesthetic intention is susceptible of being influenced by associations, that is by our locating the contemplated object in relation to some part or parts of this imagined history. We should not be embarrassed by the role that (...) such contingent associations play in our aesthetic life. In contemplating a work of art, as in loving or desiring another person, we focus intently upon the single object, but its value to us is enhanced by our seeing it from and through and in the light of our personal and collective 'historical' imagination. (shrink)

The paper considers acts of private (in the sense of individually motivated and extra-legal) revenge, and draws attention to a special kind of judgement we may make of such acts. While endorsing the general view that an act of private revenge must be morally wrong, it maintains that under certain special conditions (which include its being just) it is susceptible of a rational respect from others which is based on its standing outside morality, as a choice by the revenger not (...) to act morally but to obey other compelling motives. This thesis is tested against various objections, notably those which doubt the intelligibility or application of such non-moral respect, or would assimilate it to moral approval; and it is distinguished from various positions with which it might be confused, such as the 'admirable immorality' of Slote, or the Nietzschean critique of morality. (shrink)

Utilitarianism is a consequentialist theory that assigns value impartially to the well-being of each person. Informed Altruism, introduced in this article, is an intentionalist theory that relegates both consequentialism and impartiality to subordinate roles. It identifies morally right or commendable actions as those motivated by a sufficiently informed intention to benefit and not harm others. An implication of the theory is that multiple agents may perform incompatible actions and yet each be acting rightly in a moral sense.

In earlier work, I argued that examples supposed to substantiate consequential moral luck can lose their anomalous appearance if due account is taken of the moral obligation to discharge epistemic responsibilities, and of the different scope and focus of this obligation for the agent as contrasted with the observer. In his recent JMP article, Mark Silcox argues that my explanatory strategy is dependent on an unacceptable commitment to an ‘ineliminable epistemic gulf’ between first-person and third-person perspectives. Here I attempt a (...) defence against Silcox’s criticism, and tentatively suggest some wider implications of the debate. (shrink)

The paper examines three aspects of the debate over the introduction of victim impact statements (VIS) in criminal cases. The first is the challenge VIS presents to the wholly public conception of criminal justice, in which the offender is prosecuted, tried and punished in the name of the state and not the individual victim. The second is the claim by supporters of VIS that the enhancement of victim input contributes to repairing an imbalance between offender and victim, created by the (...) crime itself and exacerbated by existing criminal justice processes. The third is the claim that victim impact evidence is necessary to ensure that punishment is properly calibrated to the blameworthiness of the offender. In respect of each question, a key role is played in supporting VIS by two presuppositions: that criminal justice should be thought of as a field of conflict among individuals seeking their due, and that the courts suffer an institutional deficiency of human understanding that requires a special remedy. The paper argues that the case for VIS is seriously weakened if these presuppositions are not accepted, and draws attention to their derivation from a wider political culture characterised by the dominance of neo-liberalism or market individualism. (shrink)

The paper explores the relevance of irrecoverable authorial intentions to the interpretation of texts. It suggests that the ways in which different conventions of discourse take account of the existence of irrecoverable intentions (i.e. of the failure of texts perfectly to represent their authors' intentions) can guide us to a criterion for distinguishing 'literary' from 'non-literary' texts, or 'literary'(aesthetically motivated) from 'non-literary' readings of texts.

This paper challenges recent influential arguments which would encourage legislators and courts to give weight to an assessment of the “evaluative judgements” expressed by the emotions which motivate crimes. While accepting the claim of Kahan and Nussbaum and others that emotions, other than moods, have intentional objects , and are not mere impulses which bypass cognition, it suggests the following criticisms of their analysis. First, the concept of an emotional “evaluative judgement” tends to elide the distinction between “judgements” that are (...) merely the sense of an emotion, and do not have the character of acts, and deliberative emotional judgements that do resemble acts and so properly fall within the corrective scope of the law. Second, intentional emotions are empowered by pre–intentional psychological resources which are less amenable than intentional states to the agent's conscious supervision: The traditional recognition of “infirmity” in mitigation of crimes uncharacteristic of the criminal's overall conduct towards others is justified by the unpredictable action of these pre–intentional elements and can survive the abandonment of the mechanistic conception of emotion. (shrink)

The growth of self-tracking and personal surveillance has given rise to the Quantified Self movement. Members of this movement seek to enhance their personal well-being, productivity, and self-actualization through the tracking and gamification of personal data. The technologies that make this possible can also track and gamify aspects of our interpersonal, romantic relationships. Several authors have begun to challenge the ethical and normative implications of this development. In this article, we build upon this work to provide a detailed ethical analysis (...) of the Quantified Relationship. We identify eight core objections to the QR and subject them to critical scrutiny. We argue that although critics raise legitimate concerns, there are ways in which tracking technologies can be used to support and facilitate good relationships. We thus adopt a stance of cautious openness toward this technology and advocate the development of a research agenda for the positive use of QR technologies. (shrink)

Traditionally, forces are causes of a special sort. Forces have been conceived to be the direct or immediate causes of things. Other sorts of causes act indirectly by producing forces which are transmitted in various ways to produce various effects. However, forces are supposed to act directly without the mediation of anything else. But forces, so conceived, appear to be occult. They are mysterious, because we have no clear conception of what they are, as opposed to what they are postulated (...) to do; and they seem to be hidden from direct observations. There is, therefore, strong initial motivation for trying to eliminate forces from physics. Furthermore, as we shall explain, powerful arguments can be mounted to show that theories with forces can always be recast as theories without them. Hence it seems that forces should be eliminated, in the interests of simplicity. We argue, however, that forces should not be eliminated--just differently construed. For the effect of elimination is to leave us without any adequate account of the causal relationships forces were postulated to explain. And this would remain the case, even if forces could be identified with some merely dispositional properties of physical systems. In our view, forces are species of the causal relation itself, and as such have a different ontological status from the sorts of entities normally considered to be related as causes to effects. (shrink)

In September 2015 a well-publicised Campaign Against Sex Robots (CASR) was launched. Modelled on the longer-standing Campaign to Stop Killer Robots, the CASR opposes the development of sex robots on the grounds that the technology is being developed with a particular model of female-male relations (the prostitute-john model) in mind, and that this will prove harmful in various ways. In this chapter, we consider carefully the merits of campaigning against such a technology. We make three main arguments. First, we (...) argue that the particular claims advanced by the CASR are unpersuasive, partly due to a lack of clarity about the campaign’s aims and partly due to substantive defects in the main ethical objections put forward by campaign’s founder(s). Second, broadening our inquiry beyond the arguments proferred by the campaign itself, we argue that it would be very difficult to endorse a general campaign against sex robots unless one embraced a highly conservative attitude towards the ethics of sex, which is likely to be unpalatable to those who are active in the campaign. In making this argument we draw upon lessons from the campaign against killer robots. Finally, we conclude by suggesting that although a generalised campaign against sex robots is unwarranted, there are legitimate concerns that one can raise about the development of sex robots. (shrink)

A central theme of the volume is whether impartiality and partiality are really opposed dimensions or if they can be harmoniously reconciled in one picture of ...

Listen to the interview with Brian Kemple... and learn to appreciate the diachronic trajectory of semiotics. *** Live interview with Brian Kemple, Executive Director of the Lyceum Institute, to discuss the legacy and influence of John Deely, the thinker most responsible for developing semiotics into the 21st century. This interview, conducted by William Passarini and Tim Troutman, is part of the preliminary activities of the 2022 International Open Seminar on Semiotics: a Tribute to John Deely on (...) the Fifth Anniversary of His Passing, cooperatively organized by the Institute for Philosophical Studies of the Faculty of Arts and Humanities of the University of Coimbra, the Lyceum Institute, the Deely Project, Saint Vincent College, the Iranian Society for Phenomenology at the Iranian Political Science Association, the International Association for Semiotics of Space and Time, the Institute for Scientific Information on Social Sciences of the Russian Academy of Sciences, the Semiotic Society of America, the American Maritain Association, the International Association for Semiotic Studies, the International Society for Biosemiotic Studies, the International Center for Semiotics and Intercultural Dialogue, Moscow State Academic University for the Humanities and the Mansarda Acesa with the support of the FCT - Foundation for Science and Technology, I.P., of the Ministry of Science, Technology and Higher Education of the Government of Portugal under the UID/FIL/00010/2020 project. Brian Kemple holds a PhD in Philosophy from the University of St. Thomas, in Houston TX, where he wrote his dissertation under the inimitable John Deely. He is the Founder and Executive Director of the Lyceum Institute. Philosophical interests and areas of study include: Thomas Aquinas, John Poinsot, Charles Peirce, Martin Heidegger, the history and importance of semiotics, scholasticism, phenomenology; as well as ancillary interests in the liberal arts, technology, and education as a moral habit. He has published two scholarly books— 'Ens Primum Cognitum in Thomas Aquinas and the Tradition' and 'The Intersections of Semiotics and Phenomenology: Peirce and Heidegger in Dialogue', as well as a number of scholarly articles, popular articles, and his own 'Introduction to Philosophical Principles: Logic, Physics, and the Human Person' and the forthcoming 'Linguistic Signification: A Classical Course in Grammar and Composition'. In addition to being the Executive Director of the Lyceum Institute, he is the Executive Editor of 'Reality: a Journal for Philosophical Discourse'. *** Technical support was assured by Robert Junqueira and the cover image for the video was designed by Zahra Soltani. (shrink)

Psychologists are increasingly interested in embodiment based on the assumption that thoughts, feelings, and behaviors are grounded in bodily interaction with the environment. We examine how embodiment is used in social psychology, and we explore the ways in which embodied approaches enrich traditional theories. Although research in this area is burgeoning, much of it has been more descriptive than explanatory. We provide a critical discussion of the trajectory of embodiment research in social psychology. We contend that future researchers should engage (...) in a phenomenon-based approach, highlight the theoretical boundary conditions and mediators involved, explore novel action-relevant outcome measures, and address the role of individual differences broadly defined. Such research will likely provide a more explanatory account of the role of embodiment in general terms as well as how it expands the knowledge base in social psychology. (shrink)

"John Rawls's A Theory of Justice has been widely acclaimed as a book whose influence on the discussion of central questions in moral and political philosophy will be permanent. A brief review, writes Dr. Barry, would be of little more value than would be a brief review of Hobbes's Leviathan; instead, in this book he interprets Rawls's main tenets and discusses them with appropriate thoroughness. The book is in three parts. Chapters 1-5 set Rawls's theory in its intellectual context (...) and give an account of its basic features. Chapters 6-11 examine Rawls's claim to have advanced 'two principles of justice' and provided a logical deduction of them by showing that men denied various kinds of information about themselves and their society would choose them as the most rational way of advancing their 'conception of the good'. Chapters 12-15 extend the discussion to cover the most important of Rawls's economic and political deductions. Dr. Barry's argument is that Rawls's 'theory of justice' does not work; but that A Theory of Justice is nonetheless a work with which 'anyone in future who proposes to deal with any of the topics it touches must first come to terms'. His critique may be read either in conjunction with A Theory of Justice (there is a concordance of passages discussed) or independently of it." -- Backcover. (shrink)

The opinion of Mr. Justice Francis of the English High Court which denied the parents of Charlie Gard, who had been born with an extremely rare mutation of a genetic disease, the right to take their child to the United States for a proposed experimental treatment occasioned world wide attention including that of the Pope, President Trump, and the US Congress. The case raise anew a debate as old as the foundation of Western medicine on who should decide and on (...) what standard when there is a conflict between a family and the treating physicians over a possible treatment. This paper will explore the different approaches of the British and American courts on the issue and the various proposals from that of John Rawls in his A Theory of Justice to a processed-based approach for resolving such disputes. As carefully crafted as the opinion of Mr Justice Nicholas Francis in the Gard case proved to be, it left commentators unsatisfied. A widespread criticism, captured in an article by Michael Dougherty in The National Review was for the state to ‘get out of the way of the parents trying to act in the best interests of the child’.1 Although he conceded the parents could be adding to the suffering of the child by taking Charlie to America for an experimental therapy and agreed that such a choice ‘may be the wrong decision,’ in Dougherty’s view, it should still be ‘their decision’. Dougherty’s stand was the popular response to the question of ‘Who should decide?’ It fails, however, to propose any rationale for the decision. It provided no norms, no standards and no guidelines for the parents. Their motive could equally well be indifference to the suffering of the child as concern for his well-being. Furthermore, even good, loving parents may make …. (shrink)

In most children’s hospitals, there are very few ethics consultations, even though there are many ethically complex cases. We hypothesize that the reason for this may be that hospitals develop different mechanisms to address ethical issues and that many of these mechanisms are closer in spirit to the goals of the pioneers of clinical ethics than is the mechanism of a formal ethics consultation. To show how this is true, we first review the history of collaboration between philosophers and physicians (...) about clinical dilemmas. Then, as a case-study, we describe the different venues that have developed at one children’s hospital to address ethical issues. At our hospital, there are nine different venues in which ethical issues are regularly and explicitly addressed. They are ethics committee meetings, Nursing Ethics Forum, ethics Brown Bag workshops, PICU ethics rounds, Grand Rounds, NICU Comprehensive Care Rounds, Palliative Care Team case conferences, multidisciplinary consults in Fetal Health Center, and ethics consultations. In our hospital, ethics consults account for only a tiny percentage of ethics discussions. We suspect that most hospitals have multiple and varied venues for ethics discussions. We hope this case study will stimulate research in other hospitals analyzing the various ways in which ethicists and ethics committees can build an ethical environment in hospitals. Such research might suggest that ethicists need to develop a different set of “core competencies” than the ones that are needed to do ethics consultations. Instead, they should focus on their skills in creating multiple “moral spaces” in which regular and ongoing discussion of ethical issues would take place. A successful ethicist would empower everyone in the hospital to speak up about the values that they believe are central to respectful, collaborative practice and patient care. Such a role is closer to what the first hospital philosophers set out to do than in the role of the typical hospital ethics consultant today. (shrink)

A very simple contextualist treatment of a sentence containing an epistemic modal, e.g. a might be F, is that it is true iff for all the contextually salient community knows, a is F. It is widely agreed that the simple theory will not work in some cases, but the counterexamples produced so far seem amenable to a more complicated contextualist theory. We argue, however, that no contextualist theory can capture the evaluations speakers naturally make of sentences containing epistemic modals. If (...) we want to respect these evaluations, our best option is a relativist theory of epistemic modals. On a relativist theory, an utterance of a might be F can be true relative to one context of evaluation and false relative to another. We argue that such a theory does better than any rival approach at capturing all the behaviour of epistemic modals. (shrink)

What constitutes a “good” life—not necessarily a morally good life, but a life that is good for the person who lived it? In response to this question of “well-being," philosophers have offered three significant answers: A good life is one in which a person can satisfy their desires (“Desire-Satisfaction” or “Preferentism”), one that includes certain good features (“Objectivism”), or one in which pleasurable states dominate or outweigh painful ones (“Hedonism”). To adjudicate among these competing theories, moral philosophers traditionally gather data (...) from thought experiments and intuition. In this chapter, we supplement that traditional approach with a pair of experimental studies that examine whether the three theories reflect laypeople’s intuitions about well-being. The empirical studies yield two primary findings. First, they provide evidence for lay "well-being pluralism": laypeople treat desire satisfaction, positive objective conditions, and happiness as all constitutive of well-being. Second, the studies provide evidence of "hedonic dominance": laypeople evaluate an individual’s happiness as more important to an individual’s overall well-being than desire satisfaction or objective conditions. (shrink)

We show that someone who believes in both gunk and the possibility of supertasks has to give up either a plausible principle about where gunk can be located, or plausible conservation principles.