Most animals have significant behavioral expertise built in without having to explicitly learn it all from scratch. This expertise is a product of evolution of the organism; it can be viewed as a very long term form of learning which provides a structured system within which individuals might learn more specialized skills or abilities. This paper suggests one possible mechanism for analagous robot evolution by describing a carefully designed series of networks, each one being a strict augmentation of the previous (...) one, which control a six legged walking machine capable of walking over rough terrain and following a person passively sensed in the infrared spectrum. As the completely decentralized networks are augmented. the robot’s performance and behavior repetoire demonstrably improve. The rationale for such demonstrations is that they may provide a hint as to the requirements for automatically building massive networks to carry out complex sensory-motor tasks. The experiments with an actual robot ensure that an essence of reality is maintained and that no critical disabling problems have been ignored. (shrink)

The contributions of George Grant, Harold Innis, André Laurendeau, Marcel Rioux, Charles Taylor, and Pierre Trudeau to the political traditions of French and English Canada.

Moral enhancement techniques modifying brain processes to produce improved moral conduct present us with new challenges for how we grapple with the ethical questions raised. John Shook (2012) argues that we should greet these developments with some measure of skepticism and cynicism regarding their success and desirability. This commentary considers further Shook’s scepticism. It is argued that the issue of “moral enhancement” raises questions about which view(s) may benefit and the problems this poses for societies characterized by the fact of (...) reasonable pluralism. More importantly, it is further argued that moral enhancement runs into greater difficulties where enhancement is thought to contribute to alleviating illegal behavior. This is because law and morality are related imperfectly and, therefore, improved moral sensitivity may not translate into less illegality. Thus, moral enhancement techniques may create moral Frankensteins that (a) may undermine the existence of reasonable pluralism in modern liberal societies and (b) may fail to better achieve lawful behavior. (shrink)

Previous work has found that guiding problem-solvers' movements can have an immediate effect on their ability to solve a problem. Here we explore these processes in a learning paradigm. We ask whether guiding a learner's movements can have a delayed effect on learning, setting the stage for change that comes about only after instruction. Children were taught movements that were either relevant or irrelevant to solving mathematical equivalence problems and were told to produce the movements on a series of problems (...) before they received instruction in mathematical equivalence. Children in the relevant movement condition improved after instruction significantly more than children in the irrelevant movement condition, despite the fact that the children showed no improvement in their understanding of mathematical equivalence on a ratings task or on a paper-and-pencil test taken immediately after the movements but before instruction. Movements of the body can thus be used to sow the seeds of conceptual change. But those seeds do not necessarily come to fruition until after the learner has received explicit instruction in the concept, suggesting a “sleeper effect” of gesture on learning. (shrink)

boundaries. It is impossible to do good science without having an appreciation for the problems and concepts in the other levels of abstraction (at least in the direction from biology towards physics), but there are whole sets of tools, methods of analysis, theories and explanations within each discipline which do not cross those boundaries.

How can we distinguish one mind from another? How are we to determine what unifies the mind? Given radical mental disunity, these questions need to be answered.

Utilitarianism is commonly assumed to be the most appropriate sub-structure for medical ethics. This view is challenged. It is suggested that the utilitarian approach to euthanasia works against the patient's individual advantage and is a corrupting influence in the relationship between the physician and society. Dignity for the individual patient is not easily achieved by assessing that person's worth against the yardstick of others' needs and wishes.

Conducting research on adolescents raises a number of ethical issues not often confronted in research on younger children. In part, these differences are due to the fact that although assent is usually not an issue, given cognitive and social competencies, the life situations and behavior of youth make it more difficult to balance rights and privacy of the adolescents. In this article, the three ethical principles of beneficence, justice, and respect for persons are discussed in terms of their application to (...) the study of adolescents. Then, seven vignettes are presented to illustrate how these principles apply to real-life situations. How to balance the rights of adolescents and their parents is discussed, using adolescent girls and their parents for illustrative purposes. (shrink)

Retribution enjoys an unwarranted appeal from the public and its politicians. This is because it is impractical and perhaps even incoherent. This does not mean that we should reject the importance of morality for criminal justice nor should we reject the link between desert and proportionality. Nevertheless, we can reject the way retribution has understood these ideas in defense of a more plausible and compelling alternative.

Virginia Held's recent How Terrorism Is Wrong offers us any number of important contributions to how we think about terrorist violence. My discussion will focus on only one of these contributions, namely, how terrorism may be justified. This justification rests upon a group being denied a voice. Thus, terrorism may become justified where this demand to be heard is denied, coupled with the corollary that all nonviolent options have been exhausted. I will argue that we should require a more narrow (...) justification of terrorism. This is because I believe Held's understanding may be open to abuses that we should close off. I will begin by looking at how she defines terrorism. I will next turn to how terrorism may be justified on her account before arguing that a more narrow justification is required and what this might look like. (shrink)

This article argues political liberalism can and should be revised to improve its relevance to the private law. This approach is not a rejection of political liberalism, but instead a restatement consistent with the fundamental tenets of Rawls’s theory of justice. The first part begins with a brief summary of Rawls’s political liberalism. The second part discusses the strategies used to demonstrate the relevance of Rawls’s theory to the private law. The third part examines how Rawls’s theory can and should (...) be revised by incorporating capabilities. I argue this revision can be undertaken in a way that best develops the relevance of political liberalism. (shrink)

This review article critically examines R. A. Duff and Stuart P. Green’s wide-ranging Philosophical Foundations of Criminal Law. The book captures well a crucial debate at the heart of its topic: is morality a key for understanding criminal law? I first consider legal moralism arguments answering this question in the affirmative and argue they should be rejected. I next consider alternatives to argue that philosophers of criminal law should look beyond legal moralism for more compelling theories about criminal law.

This article argues that James Seth provides illuminating contributions to our understanding of law and, more specifically, the natural law tradition. Seth defends a unique perspective through his emphasis on personalism that helps identify a distinctive and compelling account of natural law and legal moralism. The next section surveys standard positions in the natural law tradition. This is followed with an examination of Seth's approach and the article concludes with analysis of its wider importance for scholars of Seth's work as (...) well as legal philosophers more generally. (shrink)

My advice for journal editors - and not only editors of philosophy journals - for how to edit journals. Secrets shared from over 10 years of experiences with different journals and publishers.

This article examines the relation of risks and public policy through the lens of alcohol and crime. Alcohol thus lives a double-life as a fountain of celebration while also a wellspring of potentially serious harms. The issue of how risks might be managed much better is approached through considering three different arenas within the criminal law concluding that it is a crude mechanism for grappling with complex issues of criminal responsibility for any higher risks associated with becoming under the influence. (...) The article defends the use of nudges as an under explored area for public policy decision-making and proposes new policies based on them. (shrink)

This article explores the relationship between capabilities and political liberalism. There are two views about how they might be compatible: Sen claims capabilities should be seen as a revision of primary goods while Nussbaum argues capabilities should form part of an overlapping consensus. It is argued they are both right—and incorrect. Whereas Sen identifies where compatibility might best be found, it is Nussbaum’s conception of capabilities that is able to overcome Rawls’s objections to Sen’s proposal. This provides a new third (...) way of conceiving how capabilities and political liberalism might address these concerns that is more compelling for how Sen and Nussbaum claim. The two rivals can come together, but not in the way that either of its most well known champions have argued. (shrink)

One of the most controversial aspects of legal philosophy concerns the justification of specific punishments for particular criminal violations. Surprisingly, there has not been any attempt to arrive systematically at any conclusive formula for deriving correct punishments. This article aspires to fulfil this urgent need. I shall examine (1) retributive, (2) consequentialist, (3) reformative, and (4) deterrent punishments in an attempt to derive general equations. It is my wish that by contributing a general formula for each theory we might have (...) a new perspective for comparison. This article finds that the contestability of ascertaining the most appropriate punishment for a criminal is in large part a product of the unstable foundations each penal theory rests on. In addition, almost every variety of penal theories relies on assumptions about criminal culpability, grounded in implicit intentionality. Thus, the contestability of choosing correct punishments to ‘fit’ different crimes is primarily dependent upon the best judgement of judicial officers, not on empirical ‘facts’. (shrink)

What is a crime? A common answer is that crimes are harms. One particular argument is that morality forms the connection between crimes and harms: crimes are not any kind of harm, but specifically a kind of immorality. This position is consistent with natural law jurisprudence which claims that law and morality are inseparably linked. It is also consistent with standard defences of retribution whereby punishment is justified where deserved and to the degree deserved. Retributivist desert is present for individuals (...) that possess some degree of moral responsibility for causing or attempting to cause evil. For example, the murderer deserves severe punishment because he is morally responsible for another person’s death and this act is sufficiently evil to warrant severe punishment. -/- The idea that crimes are harms to morals — and so their immorality informs their criminality and the corresponding severity of punishment — has also found favour with so-called ‘expressivist’ theories of punishment defended by Joel Feinberg, Antony Duff and others. These theories argue that punishment has an expressivist function of communication public disapproval to criminal offenders for their moral wrongdoings where punishment is proportionate to immorality. -/- The justification of crimes as harms to morals is part of a venerable tradition that has come to be increasingly seen as discredited. Most academics working in law (and even more practising lawyers) reject natural law jurisprudence and support some version of the separability thesis of legal positivism where law and morality are held to be separable, but not intrinsically and necessarily linked. Yet, curiously, retributivist theories, including expressivism, have been on the ascendency with a growing number of legal philosophers defending the idea of crimes as harms to morals and, therefore, moving in a contrary direction to most others working in law and academic law. -/- I believe this general position is deeply problematic and should be rejected. This chapter focuses specifically on expressivist theories as the increasingly more popular variant of retributivism in academic circles today. The next section provides an overview of expressivism. The following sections argue that it is not compelling both as a view about the criminal law, but also as a theory about punishment. I close the chapter with ideas about criminal harms might be better understood. I argue that crimes might be a kind of harm, but not the kinds of harm endorsed by retributivists and, more specifically, expressivists. (shrink)

I am very grateful to the contributors for this symposium for their essays on my Punishment book. Each focuses with different elements of my work. Antony Duff examines the definition of punishment in my first few pages. Michelle Madden Dempsey analyses the importance given to coherence in my account and critique of expressivist theories of punishment. Richard Lippke considers my statements about negative retributivism in an important new defence of that approach. I examine each of these in turn below. While (...) I do not change my position, they draw attention to certain features in my overall argument worth reflecting on at greater length. So I welcome this opportunity to address and clarify these now and grateful for their helping me to rethink my original arguments. (shrink)

Ethics and moral philosophy is an area of particular interest today. This book brings together some of the most important essays in this area.

Global justice and international affairs is perhaps the hottest topic in political philosophy today. This book brings together some of the most important essays in this area. Topics include sovereignty and self-determination, cosmopolitanism and nationalism, global poverty and international distributive justice, and war and terrorism.

The orthodox position in global justice is to consider questions about international distributive justice from a perspective of what duties, if any, affluent states have towards people in severe poverty. The debate has focused on whether positive or negative duties are most relevant and how they should be applied. This article challenges this orthodoxy by defending stakeholder theory as a promising new approach overcoming limitations in current debates through promotion of the virtue of stakeholders having a say where they have (...) a stake. (shrink)

More work has gone into thinking about the philosophical justifications for starting a just war than bringing political violence to an end. The papers in this special section explore themes in Nir Eisikovits’s groundbreaking book A Theory of Truces and why truces deserve greater philosophical attention. This introduction briefly raises these issues and provides an overview of the papers.

G. W. F. Hegel developed a new understanding of natural law that departs from both traditional and more contemporary accounts. Natural lawyers defend standards that are external to the law in order to survey the merits of law. Call these accounts theories of natural law externalism. Hegel offers a very different account where we survey the merits of law through a standard that is internal to law. This essay will explain Hegel’s natural law internalism and whether it marks an advance (...) on existing natural law accounts. I will argue that Hegel offers us a novel understanding of natural law that is compelling, but ultimately unstable and problematic. -/- This chapter contains sections titled: Introduction Classical Natural Law Modern Natural Law Hegel's Natural Law Internalism Natural Law Internalism or Externalism? Conclusion Notes References. (shrink)

Many efforts are directed towards philosophical accounts of life from life’s meaning to how it should be led. Often overlooked are no less important issues concerning the end of life. Questions like what is death?, is immortality desirable?, is death ‘bad’ for the person who dies?, can the dead be harmed or punished? and what, if any, obligations do we have towards the dead? – these are but a few key concerns deserving greater attention. This special issue brings together three (...) contributions that chart promising new perspectives on this timeless philosophical pastime. The first piece by Ben Curtis asks ‘when do persons die?’ Curtis focuses on the general thesis that death is constituted by the death of the human organism. Not all agree: some critics defend a ‘two-deaths thesis’ maintaining that the death of an organism is not the same as the death of a person. So which view is most compelling? (shrink)

Jean-Jacques Rousseau stands as one of the most influential figures in the history of philosophy. His masterpiece-The Social Contract-has had a profound effect on legal and political theorists ever since its appearance. Rousseau and Law presents for the first time in one collection the most important contemporary work exploring his many contributions to legal theory. These essays deal with a variety of issues, such as social contract theories, democratic rights, fundamental law, natural law and natural rights, affinities between Rousseau and (...) Dworkin's legal theories, narrative, bioethics, and promise enforcement. (shrink)

In the Garden of Eden, the serpent convinces Eve to eat fruit from the Tree of Conscience, which she does and shares with Adam. Adam and Eve act in contravention to God’s orders against eating fruit from the tree. Traditional interpretations have suggested that this event—commonly referred to as “the Fall”—is an event where the serpent lied to Eve and that it was entirely negative. Instead, I argue that the serpent was correct to say, in fact, that in eating thisfruit (...) we would become closer to God. The Fall reveals a new mystery to us of God’s love for us and a blessing in disguise. (shrink)