The critics of the ICC in the Bush administration and its supporters within the human rights community have one thing in common: they assume that the ICC can evolve into an institution independent of states, either to constrain American power or to prosecute to end impunity for perpetrators.

This essay poses the question of whether grassroots organizations can provide an alternative center of authority to the state in inducing multinational corporations to incorporate human rights criteria in their investment and trade decisions. In examining the anti-apartheid movement and attempts to replicate it in the 1990s in the campaigns against corporate involvement in Burma and Nigeria, it presents a mixed picture. In each case, citizen pressures increased the costs and risks of "business as usual" with target states and induced (...) corporations either to undertake social obligations or to disengage beyond what was required by national regulations or market forces. At the same time, nonstate actors are limited by the fact that they can induce but, unlike the state, cannot command corporate behavior; their success is dependent upon state policies; and their most powerful weapon—municipal procurement power—has been predominantly a U.S. phenomenon. (shrink)

In the ‘Justice Cascade’, Kathryn Sikkink argues that “foreign prosecutions and international tribunals can be cost-effective alternatives to military intervention.” Yet, the successes of the Special Court for Sierra Leone—in prosecuting former Liberian President Charles Taylor and in imposing accountability on the leaders of all armed groups regardless of political alignment—were dependent on a commitment by Western powers and international and regional organizations to a military victory against the rebels in Sierra Leone and coercive regime change in Liberia. The lesson (...) that should be drawn from this case—which parallels that of other international tribunals set up during ongoing violence—is that the prospects for international criminal justice during civil wars are dependent on the political strategies adopted by outsiders to address the conflict and that taking criminal accountability seriously requires an interventionist rather than a consent-based approach to conflict resolution. (shrink)

Is it ethical for the prosecutor at the International Criminal Court to consider political factors, such as peace processes, in selecting situations to investigate or cases to prosecute? During the early years of the court, a number of documents and statements from the Office of the Prosecutor suggested that there were occasions when it was. Two OTP policy papers issued in 2003 recommended that the prosecutor assess “all circumstances prevailing in the country or region concerned, including the nature and stage (...) of the conflict and any intervention by the international community,” and whether prosecution might “exacerbate or otherwise destabilize a conflict situation.” In the same spirit, the ICC's chief prosecutor, Luis Moreno-Ocampo, referred to his decision-making as a “dialogue between many actors” with a “strategic dimension... [that] involves all stakeholders.” This language suggested a process of consultation and coordination with local and international actors involved in conflict resolution to adapt international criminal justice to on-the-ground political realities. (shrink)

According to classical theism, the universe depends on God in a way that goes beyond mere (efficient) causation. I have previously argued that this ‘deep dependence’ of the universe on God is best understood as a type of grounding. In a recent paper in this journal, Aaron Segal argues that this doctrine of deep dependence causes problems for creaturely free will: if our choices are grounded in facts about God, and we have no control over these facts, then we (...) do not control our choices and are therefore not free. This amounts to a grounding analogue of the Consequence Argument for the incompatibility of free will and determinism. If successful, it would have application beyond classical theism: similar concerns would apply to any view that takes our choices to be grounded in a deeper reality which is beyond our control. However, I show that the argument is not successful. Segal’s Grounding Consequence Argument is so closely analogous to the Causal Consequence Argument that any response to the one provides a response to the other. As a result, if you don’t think that prior causes (whether deterministic or indeterministic) undermine free will, you shouldn’t think that prior grounds undermine free will. (shrink)

The heart of Richard Kenneth Atkins’s Peirce and the Conduct of Life: Sentiment and Instinct in Ethics and Religion is an interpretation and defense of Peirce’s sentimental conservatism, as well as an extension of that idea to Peirce’s philosophy of religion and to the casuistic approach to practical ethics. “A Defense of Peirce’s Sentimental Conservatism” is the explicit title of the second of the book’s six chapters. But the only chapter in which Peirce’s sentimental conservatism does not itself appear (...) to play an explicit role is chapter five, “Self-Control and Moral Responsibility”, which is perhaps the chapter that reads most as a stand-alone work (even though the first chapter is the... (shrink)

Political theory as a discipline has long been skeptical of computational methods. In this paper, I argue that it is time for theory to make a perspectival shift on these methods. Specifically, we should consider integrating recently developed generative large language models like GPT-4 as tools to support our creative work as theorists. Ultimately, I suggest that political theorists should embrace this technology as a method of supporting our capacity for creativity—but that we should do so in a way that (...) is mindful of the content and value of theorizing, the technical constraints of the models, and the ethical questions that the technology raises. (shrink)

It is widely agreed among broadly Anselmian theists that God is in some sense the 'delimiter of possibilities.' In other words, the scope of possibility is explained by the manner in which the universe emanates from God. However, existing accounts of God's role here—in terms of freedom, choice, or power—face serious difficulties. The present paper provides a new account of God's role as the delimiter of possibilities in terms of the different manner in which the non-actuality of non-actual states of (...) affairs is explained. Intuitively and metaphorically, we can think of the menu of states of affairs being 'whittled down' in successive stages of a process of divine decision-making, with the different species of impossibility corresponding to when and how the states of affairs are ruled out. I argue that this approach provides genuine contingency while also preserving the Principle of Sufficient Reason. (shrink)

This collection of essays is the first of its kind to focus on the relationship between composition and identity. Twelve original articles--written by internationally renowned scholars and rising stars in the field--argue for and against the controversial doctrine that composition is identity.--Provided by publisher.

The ability to improvise represents one of the highest levels of musical achievement. An improviser must master a musical language to such a degree as to be able to spontaneously invent stylistically idiomatic compositions on the spot. This feat is one of the pinnacles of human creativity, and yet its cognitive basis is poorly understood. What musical knowledge is required for improvisation? How does a musician learn to improvise? What are the neural correlates of improvised performance? In 'The Improvising Mind' (...) these questions are explored through an interdisciplinary approach that draws on cognitive neuroscience, study of historical pedagogical treatises on improvisation, interviews with improvisers, and musical analysis of improvised performances. Findings from these treatises and interviews are discussed from the perspective of cognitive psychological theories of learning, memory, and expertise. Musical improvisation has often been compared to 'speaking a musical language.' While past research has focussed on comparisons of music and language perception, few have dealt with this comparison in the performance domain. In this book, learning to improvise is compared with language acquisition, and improvised performance is compared with spontaneous speech from both theoretical and neurobiological perspectives. (shrink)

Argues that the explanation of man's social and cultural differences is best defined by history, not human biology, maintaining that humans shape their social lives by their historical activities.

Polarization is a topic of intense interest among social scientists, but there is significant disagreement regarding the character of the phenomenon and little understanding of underlying mechanics. A first problem, we argue, is that polarization appears in the literature as not one concept but many. In the first part of the article, we distinguish nine phenomena that may be considered polarization, with suggestions of appropriate measures for each. In the second part of the article, we apply this analysis to evaluate (...) the types of polarization generated by the three major families of computational models proposing specific mechanisms of opinion polarization. (shrink)

Polarization is a topic of intense interest among social scientists, but there is significant disagreement regarding the character of the phenomenon and little understanding of underlying mechanics. A first problem, we argue, is that polarization appears in the literature as not one concept but many. In the first part of the article, we distinguish nine phenomena that may be considered polarization, with suggestions of appropriate measures for each. In the second part of the article, we apply this analysis to evaluate (...) the types of polarization generated by the three major families of computational models proposing specific mechanisms of opinion polarization. (shrink)

ABSTRACT This article distinguishes nine senses of polarization and provides formal measures for each one to refine the methodology used to describe polarization in distributions of attitudes. Each distinct concept is explained through a definition, formal measures, examples, and references. We then apply these measures to GSS data regarding political views, opinions on abortion, and religiosity—topics described as revealing social polarization. Previous breakdowns of polarization include domain-specific assumptions and focus on a subset of the distribution’s features. This has conflated multiple, (...) independent features of attitude distributions. The current work aims to extract the distinct senses of polarization and demonstrate that by becoming clearer on these distinctions we can better focus our efforts on substantive issues in social phenomena. (shrink)

Photographs furnish evidence. This is true in both formal and informal contexts. The use of photographs as legal evidence goes back to the very earliest days of photography, and they have been used in American trials since around the time of the Civil War. Photographs may also serve as historical evidence (for example, about the Civil War). And they serve in informal contexts as evidence about all sorts of things, such as what we and our loved ones looked like in (...) the past. (shrink)

One of the most profound interactions that can occur between people, apologies have the power to heal humiliations, free the mind from deep-seated guilt, remove the desire for vengeance, and ultimately restore broken relationships. With On Apology, Aaron Lazare offers an eye-opening analysis of this vital interaction, illuminating an often hidden corner of the human heart. He discusses the importance of shame, guilt, and humiliation, the initial reluctance to apologize, the simplicity of the act of apologizing, the spontaneous generosity (...) and forgiveness on the part of the offended, the transfer of power and respect between two parties, and much more. Readers will not only find a wealth of insight that they can apply to their own lives, but also a deeper understanding of national and international conflicts and how we might resolve them. The act of apologizing is quite simply immensely fulfilling. On Apology opens a window onto this common occurrence to reveal the feelings and actions at the heart of this profound interaction. (shrink)

The aim of this paper is to bring recent work on metaphysical grounding to bear on the phenomenon of social construction. It is argued that grounding can be used to analyze social construction and that the grounding framework is helpful for articulating various claims and commitments of social constructionists, especially about social identities, e.g., gender and race. The paper also responds to a number of objections that have been leveled against the application of grounding to social construction from Elizabeth Barnes, (...) Mari Mikkola, and Jessica Wilson. (shrink)

This essay outlines an account of virtue ethics applied to the profession of journalism. Virtue ethics emphasizes character before consequences, requires the "good" prior to the "right," and allows for agent-relative as well as agent-neutral values. This essay offers an exploration of the internal characteristics of a good journalist by focusing on moral virtues crucial to journalism. First, the essay outlines the general tenets of Aristotelian virtue ethics. Second, it offers arguments touting virtue ethics in comparison with other popular normative (...) theories such as Mill's utilitarianism and Kant's deontology. Finally, an original account of journalistic virtue ethics is offered, with an emphasis on the virtues of justice and integrity. (shrink)

Obligations to reduce one’s green house gas emissions appear to be difficult to justify prior to large-scale collective action because an individual’s emissions have virtually no impact on the environmental problem. However, I show that individuals’ emissions choices raise the question of whether or not they can be justified as fair use of what remains of a safe global emissions budget. This is true both before and after major mitigation efforts are in place. Nevertheless, it remains difficult to establish an (...) obligation to reduce personal emissions because it appears unlikely that governments will in fact maintain safe emissions budgets. The result, I claim, is that under current conditions we lack outcome, fairness, promotional, virtue or duty based grounds for seeing personal emissions reductions as morally obligatory. (shrink)

Bayesian Conditionalization is a widely used proposal for how to update one’s beliefs upon the receipt of new evidence. This is in part because of its attention to the totality of one’s evidence, which often includes facts about what one’s new evidence is and how one has come to have it. However, an increasingly popular position in epistemology holds that one may gain new evidence, construed as knowledge, without being in a position to know that one has gained this evidence. (...) These are cases of KK-Failure, cases where one knows p but is not in a position to know that one knows p. This paper assumes that certain KK-Failures are possible and argues that Conditionalization goes wrong in those cases. (shrink)

This paper argues that Kant presents two different accounts of beauty, one that applies properly to art and one that applies properly to nature. The judgment of beauty that applies properly to nature can be free and thus judged without concepts. The work of art, however, is judged beautiful when it expresses aesthetic ideas. This distinction then enables me to explain several problematic passages in Kant's text: those that serve to distinguish these two conceptions of beauty from one another as (...) well as those passages in which Kant views them as overlapping. With respect to the latter, I argue that Kant lays especial significance on cases where we apply the conception of artistic beauty to natural objects, as in doing so we view nature as expressing ideas that step beyond nature. (shrink)

Many of U.S. President Donald Trump’s business interests—and those of his family and close associates—either conflict or could conflict with his position as the country’s top elected official. Despite concerns about the vitality of the journalism industry, these actual or potential conflicts have been reported in great detail across a number of journalism platforms. More concerning, however, are the partisan news organizations on both the right and left that deliberately sow social discord by exciting deeply polarized political tensions among the (...) U.S. populous. Often described as “fake” news, these organizations produce reports that seem designed to create outrage among audiences instead of enlightenment. This paper draws upon social epistemology and information ethics to offer a truth-based ethos for journalism to help overcome this pernicious form of exploitation. (shrink)

The selectionsfrom the work of fourteen contemporary philosophers not only display the multiplicity of approachesbeing pursued since the breakup of any consensus on what philosophy is, but also help to clarifythis proliferation of views and ...