This volume of original essays addresses a range of issues concerning the responsibility individuals have for their actions and for their characters. Among the central questions considered are the following: What scope is there for regarding a person as responsible for his or her character given genetic and environmental factors? Does an account of responsibility provide a legitimate basis for the retributive emotions? Are we ever justified in feeling guilty for occurences over which we have no control? Does responsibility for (...) the consequences of our acts require that they were intended or simply expected? How have a number of influential previous philosophers, including Aristotle, Maimonides, and Spinoza, approached these questions? (shrink)

This book attacks the assumption found in moral philosophy that social control as such is an intellectually and morally destructive force. It replaces this view with a richer and deeper perspective on the nature of social character aimed at showing how social freedom cannot mean immunity from social pressure. The author demonstrates how our competence as rational and social agents depends on a constructive adaptation of social control mechanisms. Our facility at achieving our goals is enhanced, rather than undermined, by (...) social control. The author then articulates sources, contracts, and degrees of legitimate social control in different social and historical settings. Drawing on a wide range of material in moral and political philosophy, law, cognitive and social psychology, anthropology and literature, Professor Schoeman shows how the aim of moral philosophy ought to be to understand our social character, not to establish fortifications against it in the name of rationality and autonomy. (shrink)

L. Jonathan Cohen has written a number of important books and articles in which he argues that mathematical probability provides a poor model of much of what paradigmatically passes for sound reasoning, whether this be in the sciences, in common discourse, or in the law. In his book, The Probable and the Provable, Cohen elaborates six paradoxes faced by advocates of mathematical probability (PM) when treating issues of evidence as they would arise in a court of law. He argues that (...) his system of inductive probability (PI) satisfactorily handles the issues that proved paradoxical for mathematical probability, and consequently PI deserves to be thought of as an important standard of rational thinking. I argue that a careful look at each of the alleged paradoxes shows that there is no conflict between mathematical probability and the law, except when for reasons of policy we opt for values in addition to accuracy maximization. Recognizing the role of such policies provides no basis for questioning the adequacy of PM. The significance of this critical treatment of Cohen's work is that those interested in revising the laws of evidence to allow for more explicitly mathematical approaches ought to feel that such revisions will not violate the spirit of forensic rationality. (shrink)

The aim of compiling the various essays presented here is to make readily accessible many of the most significant and influential discussions of privacy to be found in the literature. In addition to being representative of the diversity of attitudes toward privacy, this collection has a coherence that results from the authors' focus on the same issues and theories. The main issue addressed in this book is the moral significance of privacy. Some social science and legal treatments are included because (...) of their direct bearing on the moral issues that privacy raises. In addition to the classics on privacy, the author has included an interpretative essay on the privacy literature, which provides a philosophical guideline as to what the issues are and how various thinkers have contributed to their resolution. (shrink)

This paper argues that liberal tenats that justify intervention to promote the welfare of an incompetent do not suffice as a basis for analyzing parent-child relationships, and that this inadequacy is the basis for many of the problems that arise when thinking about the state's role in resolving family conflicts, particularly when monitoring parental discretion in medical decision-making on behalf of a child. The state may be limited by the best interest criterion when dealing with children, but parents are not. (...) The state's relation with the child is formal while the parental relation is intimate, having its own goals and purposes. While the liberal canons insist on the incompetent one's best interest, parents are permitted to compromise the child's interests for ends related to these familial goals and purposes. Parents decisions should be supervened, in general, only if it can be shown that no responsible mode of thinking warrants such treatment of a child. Keywords: proxy medical consent, children's rights, state's protection of children, parental authority and the state's intervention, paternalism, liberalism, parental values CiteULike Connotea Del.icio.us What's this? (shrink)