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

Would God's existence be a good thing for us? According to anti-theism, the answer is No. Probably, many theists will want to reject anti-theism. But it isn’t obvious why. After all, whether p is good for us is logically independent from whether p is true. So anti-theism seems entirely compatible with theism. In this essay, however, I argue this seeming compatibility is mistaken. If anti-theism is true, then the theism of most practicing believers is false. And if I am right (...) about this, then anti-theism presents a serious challenge to traditional theistic belief, notably theistic belief anchored in the Bible. (shrink)

Aesthetics, fledgling of the philosophic brood, is the most suspect of that family. It is suspected of all the philosophical sins: vagueness, disorder, dogmatism, emotionalism, reductionism, compartmentalization. Sometimes its youth is thought to be a sufficient excuse for these divagations. Sometimes the very nature of its content, involving the waywardness of genius, the remoteness of feeling from intellect, the surd of inspiration in even the mildest appreciation, are believed to condemn aes thetics irrevocably to the underside of the civilized man's (...) domain. Some philosophers have gloried in this apparently mystical and a-rational quality and have seen in it the very nature of the beautiful; others have come to regard it, rather, as evidence of the unskillfulness of our minds and have turned away from aesthetic problems to the task of sharpening the aesthetician's language and logic. The laughter of the gods is not difficult to discern through the poetry of the more mystical aesthetician or through the prose of the analysts. Meanwhile the manifold complexities and problems of aesthetic experience invite our understanding. For aesthetic experience is a present fact of human life and may, perhaps, be understood by men. Such, at least, will be the present assumption. This is the reason why the title of this book mentions art together with analysis; for if art is intelligible, the work of art and the experience of it may be analyzed into its functional parts. (shrink)

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

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

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

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

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

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

This book offers an in-depth exploration of the work of Alasdair MacIntyre, one of the leading social and ethical philosophers of our time. Because MacIntyre's historical and philosophical arguments exhibit great erudition and a dense style, his work is sometimes not so accessible to readers who might otherwise find his thought enlightening. Bruce Ballard provides a great service in Understanding MacIntyre, clearly explaining the philosopher's basic tenets as set forth in the works After Virtue, Whose Justice? Which Rationality? and (...) Three Rival Versions of Moral Enquiry. A thorough summary of MacIntyre's philosophy is followed by a critical discussion of his ideas and a comparison of his work with that of other philosophers. Understanding MacIntyre is a seminal study that will contribute greatly to our understanding of contemporary philosophy. (shrink)

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

Our seamless perception of the world depends very much on the slow time scales used by conscious perception. Time scales longer than one second are needed to assemble conscious experience. At time scales shorter than one second, this seamlessness quickly deteriorates. Numerous experiments reveal the fragmentary nature of the visual information used to construct visual experience. Models of how the brain manages these fragments use the construct of a routine, which is a task-specific fragment of a sensory-motor program. This paper (...) provides an overview of some of the experiments that test these models. Its aim is to show how the structures that they elucidate constrain the understanding of conscious perception. (shrink)

This is a major phenomenological work in which real learning works in graceful tandem with genuine and important insight. Yet this is not a work of scholarship; it is a work of philosophy, a work that succeeds both in the careful, descriptive massing of detail and in the power of its analysis of the conditions that underlie the possibility of such things as description, interpretation, perception, and meaning._ _Principles of Interpretation__ formulates answers to these questions: How does the interpretative process (...) proceed? What are its fundamentals? What assurance have we that our interpretations are in principal faithful to that which is to be interpreted? What conclusions are indicated concerning the past phases of our history and its present tendencies? (shrink)

This paper addresses several questions related to the nature, production, and use of animal-human (a-h) chimeras. At the heart of the issue is whether certain types of a-h chimeras should be brought into existence, and, if they are, how we should treat such creatures. In our current research environment, we recognize a dichotomy between research involving nonhuman animal subjects and research involving human subjects, and the classification of a research protocol into one of these categories will trigger different ethical standards (...) as to the moral permissibility of the research in question. Are a-h chimeras entitled to the more restrictive and protective ethical standards applied to human research subjects? We elucidate an Aristotelian-Thomistic metaphysical framework in which to argue how such chimeras ought to be defined ontologically. We then examine when the creation of, and experimentation upon, certain types of a-h chimeras may be morally permissible. (shrink)

Volume 1. Muqaddimāt fī al-tazkiyah -- volume 2. Tazkiyat al-ʻaql wa-al-fikr -- volume 3. Tazkiyat al-jasad -- volume 4, part 1-2. al-Akhlāq wa-al-ādāb -- volume 5. Tazkiyat al-qalb --.

This book offers an in-depth exploration of the work of Alasdair MacIntyre, one of the leading social and ethical philosophers of our time. Because MacIntyre's historical and philosophical arguments exhibit great erudition and a dense style, his work is sometimes not so accessible to readers who might otherwise find his thought enlightening. Bruce Ballard provides a great service in Understanding MacIntyre, clearly explaining the philosopher's basic tenets as set forth in the works After Virtue, Whose Justice? Which Rationality? and (...) Three Rival Versions of Moral Enquiry. A thorough summary of MacIntyre's philosophy is followed by a critical discussion of his ideas and a comparison of his work with that of other philosophers. Understanding MacIntyre is a seminal study that will contribute greatly to our understanding of contemporary philosophy. (shrink)