Matoesian uses the 1991 rape trial of William Kennedy Smith to provide an in-depth analysis of language use and its role in that specific trial as well as the law in general. Examining both defense and prosecutorial linguistic strategies, he shows how language practices shape--and are shaped by--culture and the law.

The Ethics of War is an indispensable collection of essays addressing issues both timely and age-old about the nature and ethics of war. Features essays by great thinkers from ancient times through to the present day, among them Plato, Augustine, Aquinas, Machiavelli, Grotius, Kant, Russell, and Walzer Examines timely questions such as: When is recourse to arms morally justifiable? What moral constraints should apply to military conduct? How can a lasting peace be achieved? Will appeal to a broad range of (...) readers interested in morality and ethics in war time Includes informative introductions and helpful marginal notes by editors. (shrink)

The phenomenon of inverse linking, where a noun phrase embedded within another behaves with respect to binding as though it were structurally independent, has proven challenging for theories of the syntax–semantics interface. In this paper I show that, using an LF-movement style approach to the syntax–semantics interface, we can derive all and only the appropriate meanings for such constructions using no semantic operations other than function application and composition. The solution relies neither on a proliferation of lexical ambiguity nor on (...) abandoning the idea that pronouns denote variables, but rather on a straightforward (and standard) reification of assignment functions, which allows us to define abstraction operators within our models. (shrink)

Scientists must sometimes choose between competing definitions of key terms. The degree to which different definitions facilitate important discoveries should ultimately guide decisions about which terms to accept. In the short run, rules of thumb can help. One such rule is to regard with suspicion any definition that turns a seemingly important empirical matter into an a priori exercise. Several prominent definitions of ecological “stability” are suspect, according to this rule. After evaluating alternatives, I suggest that the faulty definitions resulted (...) from an overemphasis on population dynamics in community ecology. Machine metaphors of nature may have given rise to a related problem of experimental design. (shrink)

The mass extinction visited upon us by capitalism involves many kinds of devastation. Here I clarify the grounds for assessing the most obvious of these harms, i.e., decimation of species diversity. The thesis that variety among species has intrinsic value motivates, and in turn follows from, the “variable value view” (VVV) of abundance within any given species. In contrast, standard axiologies have no place for the intrinsic value of species diversity. I show that the VVV provides a better justification than (...) the latter do, of the way in which a widely-used empirical indicator summarizes the overall state of life on Earth. These considerations favor ecocentric value theory – which ascribes intrinsic value to properties of ecological wholes, like species diversity, that do not supervene on the well-being of their constituent organisms – over its main competitors. I conclude by widening the focus from wild nature alone to the biosphere comprising both wilderness and the domesticated realm. This broadened perspective helps to link the science and ethics of biodiversity with the political struggle to extract ourselves from the moral abyss of mass extinction. (shrink)

Cooper storage is a widespread technique for associating sentences with their meanings, used in diverse linguistic and computational linguistic traditions. This paper encodes the data structures and operations of cooper storage in the simply typed linear \-calculus, revealing the rich categorical structure of a graded applicative functor. In the case of finite cooper storage, which corresponds to ideas in current transformational approaches to syntax, the semantic interpretation function can be given as a linear homomorphism acting on a regular set of (...) trees, and thus generation can be done in polynomial time. (shrink)

Some recent authors have argued that Aquinas deliberately integrated a pacifist outlook into his just war theory. Others, by contrast, have maintained that his rejection of pacifism was unequivocal. The present article attempts to set the historical record straight by an examination of Aquinas's writings on this topic. In addition to Q. 40, A. 1 of Summa theologiae II–II, the text usually cited in this connection, this article considers the biblical commentaries where Aquinas explains how the Gospel “precepts of patience,” (...) especially Matthew 5:39, “Do not resist evil,” should be interpreted in light of the doctrine of just war. The article concludes that Aquinas formulated a two-stage theory whereby pacifism was rejected as a suitable form of agency for the state (respublica), while it was affirmed as the appropriate response to evil for the agency of the church (ecclesia). (shrink)

Contrary to what has been alleged, the moral equivalence of combatants (MEC) is not a doctrine that was expressly developed by the traditional theorists of just war. Working from the axiom that just cause is unilateral, they did not embrace a conception of public war that included MEC. Indeed, MEC was introduced in the early fifteenth century as a challenge to the then reigning just war paradigm. It does not follow, however, that the distinction between private and public war had (...) no place in the traditional teaching. Thomas Aquinas and his successors did not analyse just war by extrapolation from the related idea of self-defense. Rather, they likened just war to a legal proceeding that could solely be undertaken by persons possessed of legitimate authority. For this reason, just war was first and foremost public war. Private war was deemed ?war? only in a secondary and reduced sense of the term. It was accordingly understood that public war should be waged and its morality judged by reference to a set of norms that are not directly reducible to those governing private self (and other)-defense. (shrink)

During the inter war period, European Catholic authors exhibited two different approaches to the question of just war. One approach was articulated at the “Fribourg Conventus,” a 1931 meeting of French, Swiss, and German theologians, whose subsequent declaration (Conventus de bello, published in 1932) called for a reformulation of Catholic teaching based on the premise that the traditional just‐war doctrine had been superseded by developments in international law. A competing approach was articulated by the Dutch Jesuit Robert Regout, who maintained (...) that the just‐war doctrine could contribute to the formation of international law by providing a much‐needed normative foundation for the use of armed force by individual states in redress of their violated rights. After presenting these two approaches and explaining how they differ, this essay shows how the outlook of the Conventus de bello is reflected in subsequent papal statements on armed force—to the detriment of the traditional terminology of just war. (shrink)

EVER SINCE PLOTINUS SOUGHT CLARITY in the notion of privation to dispel our human perplexity about evil, philosophers have debated whether this concept is adequate to the task. The intensity and scope of evil in the twentieth century—which has seen the horrors of world war and genocide—have added fuel to the debate. Can the idea of a falling away from the good, however refined, come anywhere close to capturing the calculation, the commitment, the energy, and the drive that underlie the (...) most virulent projects in malfeasance? While the privation account might appear a reasonable strategy for explaining passive wrongdoing—indifference to people in grave need, or cooperation with injustice—the more active and dynamic forms of evil would nevertheless seem to elude its conceptual net. (shrink)

Jacques Maritain is widely recognized as one of the foremost Catholic philosophers of modern times. He wrote groundbreaking works in all branches of philosophy. For a period of about 10 years, beginning in 1933, he discussed matters relating to war and ethics. Writing initially about Gandhi, whose strategy of non-violence he sought to incorporate within a Christian conception of political action, Maritain proceeded to comment more specifically on the religious aspects of armed force in “On Holy War,” an essay about (...) the civil war then ongoing in Spain. After the outbreak of World War II in September 1939, Maritain penned a series of essays that sought to explain why the Anglo–French declarations of war were warranted on Christian just war principles. While the secondary literature on Maritain’s thought is extensive, thus far there has been little systematic exploration of his writings on war. In what follows I seek to remedy this lacuna, by examining how he conceptualized just war in the three phases outlined above. (shrink)

As Jonathan Mann observed, the problem of AIDS-related stigma is inextricably bound to issues of health, human rights, and the law. Such stigma translates into feelings of fear and hostility directed at people with HIV. It finds expression in avoidance and ostracism of people with HIV, discrimination and violence against them, and public support for punitive policies and laws that restrict civil liberties while hindering AIDS prevention efforts. Being the target of stigma inflicts pain, isolation, and hardship on many people (...) with HIV, while the desire to avoid it deters some from being tested for HIV, seeking treatment, or practicing risk-reduction. (shrink)

As Jonathan Mann observed, the problem of AIDS-related stigma is inextricably bound to issues of health, human rights, and the law. Such stigma translates into feelings of fear and hostility directed at people with HIV. It finds expression in avoidance and ostracism of people with HIV, discrimination and violence against them, and public support for punitive policies and laws that restrict civil liberties while hindering AIDS prevention efforts. Being the target of stigma inflicts pain, isolation, and hardship on many people (...) with HIV, while the desire to avoid it deters some from being tested for HIV, seeking treatment, or practicing risk-reduction. (shrink)

In this paper, I offer a new defense of scientific realism, tailored for the Akaikean paradigm of statistical hypothesis testing. After proposing definitions of verisimilitude and predictive success, I use computer simulations to show how the latter depends on the former, even in the kind of case featured in a recent argument for instrumentalism.

Religion, War, and Ethics is a collection of primary sources from the world's major religions on the ethics of war. Each chapter brings together annotated texts - scriptural, theological, ethical, and legal - from a variety of historical periods that reflect each tradition's response to perennial questions about the nature of war: when, if ever, is recourse to arms morally justifiable? What moral constraints should apply to military conduct? Can a lasting earthly peace be achieved? Are there sacred reasons for (...) waging war, and special rewards for those who do the fighting? The religions covered include Sunni and Shiite Islam; Judaism; Roman Catholic, Eastern Orthodox, and Protestant Christianity; Theravada Buddhism; East Asian religious traditions ; Hinduism; and Sikhism. Each section is compiled by a specialist, recognized within his or her respective religious tradition, who has also written a commentary on the historical and textual context of the passages selected. (shrink)

(2013). Malebranche and Chinese Philosophy: A Reconsideration. British Journal for the History of Philosophy: Vol. 21, No. 2, pp. 262-280. doi: 10.1080/09608788.2012.718869.

EVER SINCE PLOTINUS SOUGHT CLARITY in the notion of privation to dispel our human perplexity about evil, philosophers have debated whether this concept is adequate to the task. The intensity and scope of evil in the twentieth century—which has seen the horrors of world war and genocide—have added fuel to the debate. Can the idea of a falling away from the good, however refined, come anywhere close to capturing the calculation, the commitment, the energy, and the drive that underlie the (...) most virulent projects in malfeasance? While the privation account might appear a reasonable strategy for explaining passive wrongdoing—indifference to people in grave need, or cooperation with injustice—the more active and dynamic forms of evil would nevertheless seem to elude its conceptual net. (shrink)

The doctrine of double effect (DDE) can have two different functions, permissive and restrictive. According to the first function, agents are exculpated from the negative consequences of their actions, consequences that would be deemed illicit were they intentionally chosen. According to the second, agents are reminded that they are responsible, albeit in a distinctive manner, for the foreseeable damages that flow from their chosen actions. Aquinas has standardly been credited with a permissive version of DDE. I argue by contrast (drawing (...) on the treatment of this issue in my Thomas Aquinas on War and Peace, Cambridge University Press, 2017) that the permissive version results from a misreading of Sum. theol. II-II, q. 64, a. 7. Other texts in the same work indicate that he embraced a restrictive version of DDE. (shrink)

The doctrine of double effect can have two different functions, permissive and restrictive. According to the first function, agents are exculpated from the negative consequences of their actions, consequences that would be deemed illicit were they intentionally chosen. According to the second, agents are reminded that they are responsible, albeit in a distinctive manner, for the foreseeable damages that flow from their chosen actions. Aquinas has standardly been credited with a permissive version of DDE. I argue by contrast that the (...) permissive version results from a misreading of Sum. theol. II-II, q. 64, a. 7. Other texts in the same work indicate that he embraced a restrictive version of DDE. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 479 Saint Thomas au XXe siecle: Actes du colloque du Centenaire de la "Revue thomiste." Paris: Saint-Paul, 1994. Pp. 475 (paper). In March of 1993 the Revue thomiste marked its centenary by sponsoring a three-day colloquium at the lnstitut Catholique of Toulouse on "St. Thomas in the 20th century." The commemoration resumed the following month with a conference at the University of Fribourg (Switzerland), site of the (...) journal's foundation. This volume assembles the papers presented at the Toulouse colloquium and a selection of those read in Fribourg. All of the contributions are in French. The volume opens with a letter (dated 11 March 1993) that His Holiness John-Paul II addressed to the Prior Provincial of the Toulouse Dominicans, under whose aegis the Revue thomiste is now published. The Pope pays tribute to the "lucid discernment" that has guided this journal in a "critical and constructive reflection on the major problems of our epoch, assuring it a place of choice in Catholic intellectual life" (p. 7). Next follows an editorial introduction by Serge-Thomas Bonino, O.P., who examines the pertinence of the Revue's motto vetera novis augere. Acknowledging that the Thomistic revival of this century has largely proven to be unsuccessful, to judge by the extent of its cultural impact, he concludes nevertheless that this failure may pave the way for an eventual renewal, on condition that the past achievements and deficiencies of Thomism come to be adequately understood. The present volume thus aims to assess the efforts of Francophone philosophers and theologians to advance the thought of Thomas Aquinas; it thereby provides us with a valuable status quaestionis, enabling Aquinas's contemporary disciples to measure better the challenge that lies before them. The first of the volume's three sections is devoted to historical studies on the Revue thomiste's role in the formation of contemporary Neo-Thomism and its contribution to some of the important theological controversies in the first half of this century. Francesco Baretta narrates the vicissitudes of the journal's inception and first years (1893-1905). Not until the establishment in 1907 of the Revue des sciences philosophiques et theologiques by members of the Dominican order's Paris province (the reasons that motivated the foundation of a rival journal are taken up by Andre Duval in a paper wholly devoted to this topic [pp. 96108 ]) did the Revue thomi~te come to be closely affiliated with the Toulouse province. Prior to this time it enjoyed the active collaboration of the order's three French provinces: Lyon, Paris, and Toulouse. Inspired by the recently promulgated Aeterni Patris (1879), the founders of the Revue thomiste sought to implement the encyclical's recommendation that the doctrine of Thomas Aquinas be brought into fruitful dialogue with modern science. Yet in so doing the Revue thomiste encountered serious obstacles, both theoretical and practical. Theoretically, the journal's chief collaborators were unable to recognize the originality of the hypothetico-deductive method and thus persisted 480 BOOK REVIEWS in thematizing modem science according to the epistemological categories of Aristotle's Posterior Analytics. Practically, they were unable (some exceptions aside) to enlist the support of contributors competent in both experimental science and scholastic thought. Thomism's engagement with modernity is taken up anew by Henry Donneaud, who charts the Revue thomiste's role in the nascent modernist crisis. During this period (1900-1908) the journal's rapprochement with the physical sciences attenuated, giving way to a preoccupation with modernism and its attendant controversies: the evolution of Catholic dogmas, the nature and role of apologetics, etc. Far from presenting a united front in the face of these theological developments, the principal collaborators of the Revue thomiste diverged in the fundamental orientation of their responses. Gradually, two very different Thomisms emerged: one, markedly conservative, refused any compromise with the new trends, condemning them in toto by appeal to a literalist, a-historical reading of the master; the other, progressive, sought to confront the modernists on their own terrain by drawing on the resources of a Thomistic doctrine open to amendment. After a period of internal strife the latter orientation became the more dominant of the two. The very... (shrink)

Ecologists typically invoke "law-like" generalizations, ranging over "structural" and/or "functional" kinds, in order to explain generalizations about "historical" kinds (such as biological taxa)rather than vice versa. This practice is justified, since structural and functional kinds tend to correlate better with important ecological phenomena than do historical kinds. I support these contentions with three recent case studies. In one sense, therefore, ecology is, and should be, more nomothetic, or law-oriented, than idiographic, or historically oriented. This conclusion challenges several recent philosophical claims (...) about the nature of ecological science. (shrink)

Richness theory offers an alternative to the paradigms that have dominated the short history of environmental ethics as a self-conscious field. This alternative theoretical paradigm defines intrinsic value as “richness”—a synonym for “organic unity” or “unity in diversity.” Richness theory can handily reconcile two kinds of ideas that seem to be in tension with each other:that (1) an individual human being has a greater worth than an individual organism of just about any other species; and (2) yet the world would (...) be a better place with substantially fewer humans and/or less consumption per capita, thus leaving more resources for other species.The mutual compatibility of such ideas within the framework of richness theory can be demonstrated both verbally and through a simplified mathematical model. (shrink)

The question of this work is the relationship between cognition and self-knowledge. That question is approached both by way of Kant on apperception and from the perspective of contemporary theories of mind which locate the origin of our cognitive life in interpersonal, interpretive practices, e.g., Sellars, Davidson, Dennett and Brandom. Kant does not integrate the social dimension into his account of cognition. In fact, many of his arguments for the apperception principle are beholden to a picture of mind which precludes (...) his recognizing the social dimension of cognition. Nonetheless, one can reconstruct a Kantian argument for the apperception principle within the framework of a theory which recognizes the constitutive role of interpretation in cognition. ;Chapter One explores the various ways that the priority of interpersonal interpretation has been claimed. These range from analyses of our talk of the mind as descriptive-predictive strategies to functionalist theories of mind to theories which emphasize the connection between interpreting language and attributing propositional attitudes and the normative dimension of interpretation . Chapter Two outlines seven interpretive questions that any reading of Kant on apperception must address, questions about what Kant means by 'apperception' and the character of the apperception principle. Chapter Three is an analysis of those Kantian arguments for the apperception principle which picture the mind as a private arena, arguments which are untenable from the perspective established in Chapter One. Chapter Four explores Sydney Shoemaker's argument for a functionalist version of Kant's apperception principle and argues that his approach is unsatisfactory. Chapter Five introduces Robert Brandom's theory of propositional attitudes with a discussion of Sellars' theory of sentence meaning and Davidson on the relationship between belief and meaning. Chapter Six then looks at what difference the ability to attribute oneself a propositional attitude might make on Brandom's theory. I argue against Brandom that having a belief or an intention presupposes the ability to explicitly say that one has that belief or intention. Chapter Seven returns to Kant and argues that the analysis and conclusion of Chapter Six are broadly Kantian. (shrink)

Department of Philosophy and School of Environment McGill University 855 Sherbrooke Street West Montréal, Québec H3A 2T7 Canada E-mail: gregory[email protected].

Chater & Loewenstein (C&L) ignore the long history by which social scientists have developed more nuanced and ultimately more helpful ways to understand the relationship between persons and situations. This tradition is reflected and advanced in a large literature on “wise” social–psychological or mindset interventions, which C&L do not discuss yet mischaracterize.

During the postwar period, the concept of instinct came to encapsulate the debate around the importance of nature versus nurture. The fact that animals show highly organized behavior early in development suggested the presence of an underlying fixity where behavior was “inbuilt” into an animal’s biology despite an individual’s experiences. This placed a discrete and exhaustive line between the innate and acquired that became a foundation for the European-dominated field of ethology. Across the Atlantic, a group of comparative psychologists led (...) by the American Museum of Natural History’s T. C. Schneirla contested this approach, proposing that the study of animal behavior should avoid abstract dichotomies with a renewed focus on developmental processes. While Schneirla’s theoretical and empirical work shaped the modern study of animal behavior, his legacy requires revisiting in an era where the nature versus nurture debate is regaining prominence. In this article, I revisit Schneirla’s approach to behavior with a focus on his paper “Interrelationships of the ‘Innate’ and the ‘Acquired’ in Instinctive Behavior” (published in M. Autuori et al. (1956) _L’instinct dans le comportement des animaux et de l’homme_; Masson, Paris, pp. 387–452) for the journal’s “Classics in Biological Theory” collection; the paper is available as supplementary material in the online version of this article. A companion article (this issue; G. M. Kohn (2024) “A Discussion on Instinct, Paris, 1954”) presents the commentary that was published with it. (shrink)

Role models can be highly influential in conveying ethical standards. This study investigates the influence various categories of role models have had on a population of over 1,600 undergraduate students in Texas, Oregon and Michigan. Those identifying clergy, boy scout leaders, friends and college advisors as role models exhibited less willingness to adopt questionable ethical behavior in negotation situations. Journalist and spouse role models tended to cause students to be more accepting of questionable behavior. Individuals with strong end-result and social (...) contract ethical philosophies, as well as males and those who served in the military exhibited strong tendencies toward less than ethical behavior. Individuals with strong rule ethical philosophy, high levels of religiousity, and those with a cooperative attitude in negotiations tended to adopt higher ethical standards in negotiations. (shrink)

Although many of Edmund Burke's speeches and writings contain prominent economic dimensions, his economic thought seldom receives the attention it warrants. Commerce and Manners in Edmund Burke's Political Economy stands as the most comprehensive study to date of this fascinating subject. In addition to providing rigorous textual analysis, Collins unearths previously unpublished manuscripts and employs empirical data to paint a rich historical and theoretical context for Burke's economic beliefs. Collins integrates Burke's reflections on trade, taxation, and revenue within his understanding (...) of the limits of reason and his broader conception of empire. Such reflections demonstrate the ways that commerce, if properly managed, could be an instrument for both public prosperity and imperial prestige. More importantly, Commerce and Manners in Edmund Burke's Political Economy raises timely ethical questions about capitalism and its limits. In Burke's judgment, civilizations cannot endure on transactional exchange alone, and markets require ethical preconditions. There is a grace to life that cannot be bought. (shrink)

By accepting that the formal structure of human language is the key to understanding the uniquity of human culture and consciousness and by further accepting the late appearance of such language amongst the Cro-Magnon, I am free to focus on the causes that led to such an unprecedented threshold crossing. In the complex of causes that led to human being, I look to scholarship in linguistics, mythology, anthropology, paleontology, and to creation myths themselves for an answer. I conclude that prehumans (...) underwent an existential crisis, i.e., the realization of certain mortality, that could be borne only by the discovery-creation of the larger realm of symbolic consciousness once experienced as the sacred (but today we know it as "the world" – as opposed to our immediate natural environment and that of other animals). Thus, although we, the human species, are but one species among innumerable others, we differ in kind, not degree. This quality is our symbolically enabled self-consciousness, the fortress of cultural identity that empowers but also imprisons awareness. (shrink)

Virtually all historical treatments of just war recognize the importance of the account given by Thomas Aquinas in Summa theologiae II-II, q. 40, ?De bello?, where he outlines three conditions ? legitimate authority, just cause, and right intention ? for a justifiable use of armed force. It is, however, less well known that within the same section of the work (q. 50, a. 4) Aquinas extended his reflection on just war into a theory of military prudence. By placing generalship under (...) the category of ?prudence?, rather than ?art? or ?science?, he held that military command involves more than a morally neutral skill with victory as its sole aim. Building on the premise that service to the common good constitutes the overarching purpose of the military profession, Aquinas showed how the virtue of prudence provides an inner compass for decision-making amid the uncertainty and confusion of the battlefield. (shrink)

When so much is being written on conscious experience, it is past time to face the question whether experience happens that is not conscious of itself. The recognition that we and most other living things experience non-consciously has recently been firmly supported by experimental science, clinical studies, and theoretic investigations; the related if not identical philosophic notion of experience without a subject has a rich pedigree. Leaving aside the question of how experience could become conscious of itself, I aim here (...) to demonstrate that the terms experience and consciousness are not interchangeable. Experience is a notoriously difficult concept to pin down, but I see non-conscious experience as based mainly in momentary sensations, relational between bodies or systems, and probably common throughout the natural world. If this continuum of experience — from non-conscious, to conscious, to self-transcending awareness — can be understood and accepted, radical constructivism (the “outside” world as a construct of experience) will gain a firmer foundation, panexperientialism (a living universe) may gain credibility, and psi will find its medium. (shrink)

We emerge into everythingness. The senses mingle incestuously. Nothing is distinct or differentiated. Everything is no-thing. How is it we come to be as distinct entities? Let me personalize: In what manner did I become an "I"? Is the motive force behind this much-maligned, much-altered, much-abused body my soul? my genes? me?