The article explores one prominent account of what makes discrimination morally bad (when it is) – the disrespect-based account. The article first reviews and clarifies the account, arguing that it is most charitably understood as the claim that discrimination is morally bad when the discriminator gives lower weight to reasons grounded in the moral status of the discriminatee(s) in her decision-making. It then presents three challenges to the account, and reviews a recent argument in defense of it. The first challenge (...) is the fact that intuitions that might support the disrespect-based account can also be explained by reference to the fact that disrespect reflects poorly on the moral character of the discriminator. The second challenge is that there are cases where disrespectful discrimination is not intuitively worse than non-disrespectful discrimination. The third challenge is that the disrespect-based account has difficulties explaining our intuitions about cases of “doing right for the wrong reasons”. Finally, pace a recent argument in its defense, cases of harmless and apparently morally bad discrimination are plausibly best explained by other factors than disrespect. In the light of this analysis, the article concludes that the disrespect-based account should be abandoned. (shrink)

Different translations of Plutarch's De Pythiae oraculis 404B reflect an interpretative difficulty not yet adequately thematized by exegetes. Plutarch's dialogues on the Delphic oracle describe two perspectives on mantic inspiration: possession prophecy, where the god takes over the prophetess as a passive apparatus, and stimulation prophecy, where the god incites the prophecy, but the prophetess delivers the oracle through her own faculties. Plutarch understands the Pythia at Delphi to exhibit stimulation prophecy, not possession. One of his metaphors for inspiration comes (...) from the theatre: the god ‘puts the oracle into the Pythia's mouth, like an actor speaking through the mask’ (De Pyth. or. 404B [Russell]). Some translators take the metaphor as describing possession prophecy (Goodwin), while others take it as stimulation prophecy (Babbitt)—in other words, it may describe the view Plutarch affirms or the view he rejects. This article assesses the two alternatives, concluding that the theatre metaphor describes possession prophecy. (shrink)

Since the middle of the 20th century, philosophers and legal scholars have debated the precise definition of punishment. This chapter surveys the debate, identifies six potential conditions of punishment, and critically reviews each of them: 1) the response condition, which holds that punishment must be in response to wrongdoing, 2) the culpability condition, which holds that punishment must be of a person morally responsible for wrongdoing, 3) the authority condition, which holds that punishment must be imposed by a relevant authority, (...) 4) the hard treatment condition, which holds that punishment must impose hard consequences on the punishee, 5) the intentionality condition, which holds that punishment must be intentional, and 6) the censure condition, which holds that punishment must communicate disapproval. The article argues that it is often unclear that there is a version of the condition that provides optimal lexical fit. It discusses the implications of this analysis, and concludes that there may be less reason to worry about the lack of an authoritative definition than has sometimes been assumed, but that definitional clarity remains an objective worth pursuing. (shrink)

English summary: According to a current prejudice, the God of reason does not have a home in Protestantism. On the basis of model studies on the connection between biblical, Platonic and Aristotelian themes in the development of the Christian concept of God in late antiquity, the Middle Ages and the Renaissance, the authors of this volume show that the reformers did not at all flatly dismiss the rationality of faith. The articles focus on the modern transformations of the concept of (...) God in the 18th and 19th centuries. The volume, a collection of case studies of the history of the problem of the Christian concept of God, concludes with prominent syntheses of revelation and reason in the 20th century. German description: Einem gangigen Vorurteil zufolge hat der Gott der Vernunft im Protestantismus keine Heimat. Nach exemplarischen Studien zur Verbindung von biblischen mit platonischen und aristotelischen Motiven bei der Entfaltung des christlichen Gottesgedankens in Spatantike, Mittelalter und Renaissance zeigt der vorliegende Band aber, dass die Reformatoren der Vernunft des Glaubens keineswegs pauschal den Abschied gaben. Der Schwerpunkt der Beitrage liegt auf den neuzeitlichen Transformationen des Gottesgedankens im 18. und 19. Jh. Prominente Synthesen von Offenbarung und Vernunft im 20. Jh. schliessen den Band ab, der Fallstudien zu einer Problemgeschichte des christlichen Gottes-Denkens versammelt. Mit Beitragen von: Martin Arneth, Christine Axt-Piscalar, Ulrich Barth, Markus Buntfuss, Jorg Dierken, Douglas Hedley, Thomas Kaufmann, Dietrich Klein, Dietrich Korsch, Martin Laube, Jorg Lauster, Friederike Nussel, Bernd Oberdorfer, Joachim Ringleben, Friedemann Voigt, Dorothea Wendebourg, Gunther Wenz. (shrink)

This article illustrates some of the difficulties of defining discrimination and briefly sketches the benefits and desiderata of doing so. It then examines and defines generic direct discrimination as an agent treating two groups differently because of the property that defines one of the groups as a group, in a way that is worse for that group, clarifying each of these three conditions in turn. It considers two arguments for further conditions: that an act must target one among a particular (...) set of groups to constitute discrimination, and that an act must be in some sense morally wrong to constitute discrimination. It concludes that while these objections are forceful it may be the case that they illustrate that we employ multiple, partly overlapping concepts of discrimination, and that it may be more important to recognize this heterogeneity than it is to attempt to establish a dominant or unitary definition. (shrink)

Emotion Review, Volume 14, Issue 2, Page 132-160, April 2022. Autonomic nervous system activity is a fundamental component of emotional responding. It is not clear, however, whether positive emotional states are associated with differential ANS reactivity. To address this issue, we conducted a meta-analytic review of 120 articles, measuring ANS activity during 11 elicited positive emotions, namely amusement, attachment love, awe, contentment, craving, excitement, gratitude, joy, nurturant love, pride, and sexual desire. We identified a widely dispersed collection of studies. Univariate (...) results indicated that positive emotions produce no or weak and highly variable increases in ANS reactivity. However, the limitations of work to date – which we discuss – mean that our conclusions should be treated as empirically grounded hypotheses that future research should validate. (shrink)

The article analyses the concept of indirect discrimination, arguing first that existing conceptualisations are unsatisfactory and second that it is best understood as equal treatment that is disadvantageous to the discriminatees because of their group-membership. I explore four ways of further refining the definition, arguing that only an added condition of moral wrongness is at once plausible and helpful, but that it entails a number of new problems that may outweigh its benefits. Finally, I suggest that the moral wrongness of (...) indirect discrimination is best accounted for in terms of the harm it does to discriminatees, and sketch three ways in which it may do so. I conclude that the analysis provides both a clearer understanding of the concept of indirect discrimination as well as indirect support for a harm-based account of the wrongness of discrimination, while suggesting that our moral obligations qua non-discrimination may be more extensive than is frequently assumed. (shrink)

Criminalisation of prostitution, and minority rights for disabled persons, are important contemporary political issues. The article examines their intersection by analysing the conditions and arguments for making a legal exception for disabled persons to a general prohibition against purchasing sexual services. It explores the badness of prostitution, focusing on and discussing the argument that prostitution harms prostitutes, considers forms of regulation and the arguments for and against with emphasis on a liberty-based objection to prohibition, and finally presents and analyses three (...) arguments for a legal exception, based on sexual rights, beneficence, and luck egalitarianism, respectively. It concludes that although the general case for and against criminalisation is complicated there is a good case for a legal exception. (shrink)

Psychiatric diagnoses such as Autism Spectrum Disorder (ASD) are primarily attributed on the basis of behavioral criteria. The aim of most of the biomedical research on ASD is to uncover the underlying mechanisms that lead to or even cause pathological behavior. However, in the philosophical and sociological literature, it has been suggested that autism is also to some extent a ‘social construct’ that cannot merely be reduced to its biological explanation. We show that a one-sided adherence to either a biological (...) or a social explanation leads to a moral dilemma, a Catch-22, for autistics and for those living with them. Such explanations close the space for self-identifying as autistic and at the same time being considered to be in good mental health. They foreclose the possibility of making sense of the lived experience of (and with) autistics. In this paper we argue that such lack of space for moral imagination inherently leads to scientific stalemate. We propose that one can only go beyond this stalemate by taking an ethical stance in theorizing, one that enables better intersubjective understanding. Only on such a view can behavior and biology be linked without either disconnecting them or reducing the one to the other. (shrink)

The aim of this article is to analyse the relation between the second law of thermodynamics and the so-called arrow of time. For this purpose, a number of different aspects in this arrow of time are distinguished, in particular those of time-reversal (non-)invariance and of (ir)reversibility. Next I review versions of the second law in the work of Carnot, Clausius, Kelvin, Planck, Gibbs, Caratheodory and Lieb and Yngvason, and investigate their connection with these aspects of the arrow of time. It (...) is shown that this connection varies a great deal along with these formulations of the second law. According to the famous formulation by Planck, the second law expresses the irreversibility of natural processes. But in many other formulations irreversibility or even time-reversal non-invariance plays no role. I therefore argue for the view that the second law has nothing to do with the arrow of time. (shrink)

Algorithmic discrimination has rapidly become a topic of intense public and academic interest. This article explores three issues raised by algorithmic discrimination: 1) the distinction between direct and indirect discrimination, 2) the notion of disadvantageous treatment, and 3) the moral badness of discriminatory automated decision-making. It argues that some conventional distinctions between direct and indirect discrimination appear not to apply to algorithmic discrimination, that algorithmic discrimination may often be discrimination between groups, as opposed to against groups, and that it is (...) not necessarily the case that morally bad algorithmic discrimination gives us reason to not use automated decision-making. For each of the three issues, the article explores implications for algorithmic discrimination, suggests some alternative answers, and clarifies how we may want to think of discrimination more broadly in light of lessons drawn from the context of algorithmic discrimination. (shrink)

The target article by Locke & Bogin (L&B) focuses on the evolution of language as a communicative tool. They neglect, however, that from infancy onwards humans have the ability to go beyond successful behaviour and to reflect upon language (and other domains of knowledge) as a problem space in its own right. This ability is not found in other species and may well be what makes humans unique.

This article clarifies what a neuroscience challenge to criminal justice must look like by sketching the basic structure of the argument, gradually filling out the details and illustrating the conditions that must be met for the challenge to work. In the process of doing so it explores influential work by Joshua Greene and Jonathan Cohen, and Stephen Morse respectively, arguing that the former should not be understood to present a version of the challenge, and that the latter's argument against the (...) challenge is unpersuasive. This analysis allows the article to flesh out the challenge, and demonstrate why it is currently non-completeable. However, the paper argues that contrary to what is often assumed the burden of proof falls on the defenders of criminal justice, and that they will find meeting it a monumental task. (shrink)

In the scholium to proposition 49 of Part 2 of the Ethics, Spinoza addresses a number of prejudices that tend to obscure the essentially judgmental nature of ideas. One warning is issued against those who do not distinguish accurately between ideas and images, and, for this exact reason, fail to see that every idea, insofar as it is an idea, always involves an affirmation that something is the case. This paper shows that in order to properly understand Spinoza's remarks in (...) this passage, we must redirect attention to Descartes’ Meditations on First Philosophy, and more particularly to the objections raised against them by Hobbes. Specifically, I argue for the identification of Hobbes and other likeminded “imagists” as Spinoza's main targets, and not, as is often assumed, Descartes himself or Cartesians in general. My identification not only resolves interpretative confusion surrounding this passage, but it also confirms Spinoza's commitment to a key rationalist assumption: the existence of a mind that can grasp or exhibit natures by clear and distinct perceptions. While both adequate and inadequate ideas are necessitated beliefs or judgments in which we assent to something, virtue consists in being propelled by the intellect. (shrink)

Roughly speaking, classical statistical physics is the branch of theoretical physics that aims to account for the thermal behaviour of macroscopic bodies in terms of a classical mechanical model of their microscopic constituents, with the help of probabilistic assumptions. In the last century and a half, a fair number of approaches have been developed to meet this aim. This study of their foundations assesses their coherence and analyzes the motivations for their basic assumptions, and the interpretations of their central concepts. (...) The most outstanding foundational problems are the explanation of time-asymmetry in thermal behaviour, the relative autonomy of thermal phenomena from their microscopic underpinning, and the meaning of probability. A more or less historic survey is given of the work of Maxwell, Boltzmann and Gibbs in statistical physics, and the problems and objections to which their work gave rise. Next, we review some modern approaches to (i) equilibrium statistical mechanics, such as ergodic theory and the theory of the thermodynamic limit; and to (ii) non-equilibrium statistical mechanics as provided by Lanford's work on the Boltzmann equation, the so-called Bogolyubov-Born-Green-Kirkwood-Yvon approach, and stochastic approaches such as `coarse-graining' and the `open systems' approach. In all cases, we focus on the subtle interplay between probabilistic assumptions, dynamical assumptions, initial conditions and other ingredients used in these approaches. (shrink)

This paper shows that the semantics of shenme ‘what’ in Chinese bare conditionals may exhibit a phenomenon of double quantification. I argue that such double quantification can be nicely accounted for if one adopts Carlson's (1977a, b) semantics of bare plurals and verb meanings as well as the following two assumptions: (i) shenme ‘what’ can be a proform of bare NPs and hence has the same kind of denotation as bare NPs, and (ii) Chinese bare NPs are names of kinds (...) of things. This analysis of Chinese bare conditionals lends support to Carlson's approach to bare plurals despite Wilkinson's (1991) criticisms. I also show that an extension of Heim's (1987) analysis of what as ‘something of kind x’ to Chinese shenme ‘what’ encounters problems when shenme ‘what’ is a shared constituent of a predicate which applies to kinds and another predicate which applies to objects. (shrink)

This paper shows that the semantics of shenme ‘what’ in Chinese bare conditionals may exhibit a phenomenon of double quantification. I argue that such double quantification can be nicely accounted for if one adopts Carlson's (1977a, b) semantics of bare plurals and verb meanings as well as the following two assumptions: (i) shenme ‘what’ can be a proform of bare NPs and hence has the same kind of denotation as bare NPs, and (ii) Chinese bare NPs are names of kinds (...) of things. This analysis of Chinese bare conditionals lends support to Carlson's approach to bare plurals despite Wilkinson's (1991) criticisms. I also show that an extension of Heim's (1987) analysis of what as ‘something of kind x’ to Chinese shenme ‘what’ encounters problems when shenme ‘what’ is a shared constituent of a predicate which applies to kinds and another predicate which applies to objects. (shrink)

This paper is a critical examination of Wittgenstein's view of the limits of intelligibility. In it I criticize standard analytic readings of Wittgenstein as an advocate of transcendental or behaviourist theses in epistemology; and I propose an alternative interpretation of Wittgenstein's view as a social contextualism that transcends the false dichotomy between Kantianism and psychologism. I argue that this social contextualism is strikingly similar to the social account of epistemic practices developed by Pierre Bourdieu. Through a comparison between Wittgenstein's and (...) Bourdieu's view and an analysis of the notion of habitus, I try to show how social contextualism can account for the distinction between sense and nonsense without falling into transcendental constructivism or social behaviourism. (shrink)

In this article I critically examine a standard feature in conceptions of discrimination: the group-criterion, specifically the idea that there is a limited and definablegroup of traits that can form the basis of discrimination. I review two types of argument for the criterion. One focuses on inherently relevant groups and relies ultimately on luck-egalitarian principles; the other focuses on contextually relevant groups and relies ultimately on the badness of outcomes. I conclude that as neither type of argument is convincing, the (...) criterion is morally arbitrary, and as such untenable. Finally, I suggest both some of the conceptual and some of the practical implications of abandoning the criterion. (shrink)

A substantial body of theoretical literature testifies to the evolutionary functions of emotions. Relatively little has been written about their developmental functions. This article discusses the developmental functions of emotions from the perspective of differential emotions theory (DET; Izard, 1977, 1991). According to DET, although all the emotions retain their adaptive and motivational functions across the lifespan, different sets of emotions may become relatively more prominent in the different stages of life as they serve stage-related developmental processes. In the first (...) section, we present a brief overview of relevant aspects of the theory. In the second section, we discuss how emotions play a central role in helping the individual achieve developmental milestones and tasks during four major periods of life: Infancy, toddler through preschool years, middle to late childhood, and adolescence. The underlying thesis of this article is that emotions play a central role in stimulating social cognitive attainments at each stage of development. (shrink)

I consider the problem of extending Reichenbach's principle of the common cause to more than two events, vis-a-vis an example posed by Bernstein. It is argued that the only reasonable extension of Reichenbach's principle stands in conflict with a recent proposal due to Horwich. I also discuss prospects of the principle of the common cause in the light of these and other difficulties known in the literature and argue that a more viable version of the principle is the one provided (...) by Penrose and Percival (1962). (shrink)

The principle of maximum entropy is a general method to assign values to probability distributions on the basis of partial information. This principle, introduced by Jaynes in 1957, forms an extension of the classical principle of insufficient reason. It has been further generalized, both in mathematical formulation and in intended scope, into the principle of maximum relative entropy or of minimum information. It has been claimed that these principles are singled out as unique methods of statistical inference that agree with (...) certain compelling consistency requirements. This paper reviews these consistency arguments and the surrounding controversy. It is shown that the uniqueness proofs are flawed, or rest on unreasonably strong assumptions. A more general class of inference rules, maximizing the so-called Re[acute ]nyi entropies, is exhibited which also fulfill the reasonable part of the consistency assumptions. (shrink)

It has been a longstanding problem to show how the irreversible behaviour of macroscopic systems can be reconciled with the time-reversal invariance of these same systems when considered from a microscopic point of view. A result by Lanford shows that, under certain conditions, the famous Boltzmann equation, describing the irreversible behaviour of a dilute gas, can be obtained from the time-reversal invariant Hamiltonian equations of motion for the hard spheres model. Here, we examine how and in what sense Lanford’s theorem (...) succeeds in deriving this remarkable result. Many authors have expressed different views on the question which of the ingredients in Lanford’s theorem is responsible for the emergence of irreversibility. We claim that these interpretations miss the target. In fact, we argue that there is no time-asymmetric ingredient at all. (shrink)

This article analyses proportionality as a potential element of a theory of morally justified surveillance, and sets out a teleological account. It draws on conceptions in criminal justice ethics and just war theory, defines teleological proportionality in the context of surveillance, and sketches some of the central values likely to go into the consideration. It then explores some of the ways in which deontologists might want to modify the account and illustrates the difficulties of doing so. Having set out the (...) account, however, it considers whether the proportionality condition is necessary to a theory of morally justified surveillance. The article concludes that we need and should apply only a necessity condition, but notes that proportionality considerations may retain some use in in practice, as a form of coarse‐grained filter applied before assessing necessity when deliberating the permissibility of potential forms of surveillance. (shrink)

In this paper, we examine the relation between corporate social responsibility (CSR) and firm risk in controversial industry sectors. We develop and test two competing hypotheses of risk reduction and window dressing. Employing an extensive U.S. sample during the 1991-2010 period from controversial industry firms, such as alcohol, tobacco, gambling, and others, we find that CSR engagement inversely affects firm risk after controlling for various firm characteristics. To deal with endogeneity issue, we adopt a system equation approach and difference regressions (...) and continue to find that CSR engagement of firms in controversial industry sectors negatively affects firm risk. To examine the premise that firm risk is more of an issue for controversial firms, we further examine the difference between non-controversial and controversial firm samples, and find that the effect of risk reduction through CSR engagement is more economically and statistically significant in controversial industry firms than in non-controversial industry firms. These findings support the risk-reduction hypothesis, but not the window-dressing hypothesis, and the notion that the top management of U.S. firms in controversial industries is, in general, risk averse and that their CSR engagement helps their risk management efforts. (shrink)

Since the collapse of the Berlin wall, women and girls have been trafficked from central and eastern Europe to work as prostitutes in the European Union. This paper looks at the response of the international community to the problem of sex trafficking as it impacts on the EU. The focus is on criminal justice intervention with respect to protection of and assistance to ‘victims’, and a specially witness protection, in the light of the following: the tensions and promises between treatment (...) of trafficked women as ‘victims’ of crime and criminal justice informants; and the need to re-focus on a ‘woman-centred’ approach to criminal justice intervention for trafficked women. Given the diverse nature of law and criminal justice practice between EU Member States, the paper necessarily presents a generic critique of current EU and international ‘best practice’ recommendations, with some commentary on practice based on the author's research, with respect to what ‘gold standards’ of practice offer in theory and what is delivered in reality. The question of ‘victim-centred’ justice and/or ‘woman-centred’ justice is raised in an effort to promote effective policy recommendations. (shrink)