ZusammenfassungDieser Artikel beschäftigt sich mit Geschlechterstereotypen in psychiatrischen Gerichtsgutachten während des Deutschen Kaiserreichs 1871–1914. Wie gezeigt werden wird, lassen sich in diesen Gutachten vier auf das Geschlecht bezogene Narrative identifizieren. Einerseits wurden Frauen und Männer beschrieben, die den Geschlechterstereotypen der Zeit nicht entsprachen. Für diese nonkonformen Angeklagten wurde in den hier betrachteten Gutachten die Erklärung zur Unzurechnungsfähigkeit empfohlen. Andererseits wurden aber auch Männer und Frauen beschrieben, die sich konform zu den entsprechenden Stereotypen verhielten. Allerdings wurden in diesen Fällen „weibliche“ Frauen (...) weiterhin tendenziell für unzurechnungsfähig erklärt, während „männliche“ Männer der Simulation einer Geisteskrankheit bezichtigt wurden, um einer Strafe zu entgehen. Ich werde argumentieren, dass diese Ergebnisse Grundannahmen der Feministischen Epistemologie stärken: sie zeigen erstens, dass psychiatrische Vorstellungen von Zurechnungsfähigkeit eng verbunden waren mit der der Norm des „männlichen“ Mannes, und zweitens, dass ein doppelter Standard bei der Beurteilung des Geisteszustands von Männern und Frauen angelegt wurde. (shrink)

This article investigates the question of how forensic toxicologists established the credibility of chemical analytical methods in poisoning lawsuits in the nineteenth century. After encountering the problem of laypersons in court, forensic toxicologists attempted to find strategies to make their evidence compelling to an untrained audience. Three of these strategies are discussed here: redundancy, standard methods, and intuitive comprehensibility. Whereas redundancy was not very practical and legally prescribed standard methods were not very popular with most forensic toxicologists, intuitive comprehensibility proved (...) effective and popular. This strategy relied on employing methods which did not require chemical knowledge to be understandable. The methods aimed to generate a visual aid and to be obvious in their results. Two forms of this strategy are discussed here: the presentation of the actual material and explicit comparison. I argue that this shift towards presenting forensic toxicology expertise as evident represents an important step in the history of forensic expertise. (shrink)

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INTRODUCTION William Alston opens this dialogue on faith, reason, and skepticism by arguing that if the belief-forming processes of a typical Christian are ...

“Losing Thomas & Ella” presents a research comic about one father’s perinatal loss of twins. The comic recounts Paul’s experience of the hospital and the babies’ deaths, and it details the complex grieving process afterward, including themes of anger, distance, relationship stress, self-blame, religious challenges, and resignation. A methodological appendix explains the process of constructing the comic and provides a rationale for the use of comics-based research for illness, death, and grief among practitioners, policy makers, and the bereaved.

The possibility that autonomous weapons will be deployed on the battlefields of the future raises the challenge of determining who can be held responsible for how these weapons act. Robert Sparrow has argued that it would be impossible to attribute responsibility for autonomous robots' actions to their creators, their commanders, or the robots themselves. This essay reaches a much different conclusion. It argues that the problem of determining responsibility for autonomous robots can be solved by addressing it within the context (...) of the military chain of command. The military hierarchy is a system of distributing responsibility between decision makers on different levels and constraining autonomy. If autonomous weapons are employed as agents operating within this system, then responsibility for their actions can be attributed to their creators and their civilian and military superiors. (shrink)

The effect of violent video games is among the most widely discussed topics in media studies, and for good reason. These games are immensely popular, but many seem morally objectionable. Critics attack them for a number of reasons ranging from their capacity to teach players weapons skills to their ability to directly cause violent actions. This essay shows that many of these criticisms are misguided. Theoretical and empirical arguments against violent video games often suffer from a number of significant shortcomings (...) that make them ineffective. This essay argues that video games are defensible from the perspective of Kantian, Aristotelian, and utilitarian moral theories. (shrink)

Although most styles of military ethics are hybrids that draw on multiple ethical theories, they are usually based primarily on the model of Aristotelian virtue ethics. Virtue ethics is well-suited for regulating the conduct of soldiers who have to make quick decisions on the battlefield, but its applicability to military personnel is threatened by the growing use of unmanned weapon systems. These weapons disrupt virtue ethics’ institutional and cultural basis by changing what it means to display virtue and transforming the (...) roles soldiers perform and the nature of the military profession itself. I argue that in light of these challenges to virtue ethics, at least as it is traditionally understood within the armed forces, soldiers operating unmanned weapons require a more heavily rule-based approach to military ethics. (shrink)

I argue that there are strong consequentialist grounds for thinking that hate speech should be legally protected. The protection of hate speech allows those who are hateful to make their beliefs public, thereby exposing prejudices that might otherwise be suppressed to evaluation by other members of society. This greater transparency about prejudices has two social benefits. First, it facilitates social trust by making it easier to discover who holds beliefs that should exclude them from positions of authority, responsibility, and influence. (...) Second, it facilitates efforts to combat hatred by revealing which prejudiced members of society must be persuaded or discredited by those seeking to promote tolerance. (shrink)

This essay analyzes the use of military robots in terms of the jus in bello concepts of discrimination and proportionality. It argues that while robots may make mistakes, they do not suffer from most of the impairments that interfere with human judgment on the battlefield. Although robots are imperfect weapons, they can exercise as much restraint as human soldiers, if not more. Robots can be used in a way that is consistent with just war theory when they are programmed to (...) avoid using force against all but the most clearly hostile targets. However, the essay also cautions against using robots for counterinsurgency because they may alienate people in the contested area and lead to an escalation of hostilities. (shrink)

Soldiers encounter extremely difficult ethical dilemmas during wars, as they must make decisions about how to follow the laws of war and their rules of engagement while still protecting themselves and accomplishing their missions. Scholarship on just war theory and military ethics generally describe soldiers' dilemmas as being ethical challenges that soldiers can overcome by using the correct ethical reasoning process. However, this essay argues that some of the apparent ethical dilemmas that soldiers confront are actually ethically insoluble dilemmas that (...) cannot be solved using ethical reasoning processes. Dilemmas are ethically insoluble when soldiers do not have sufficient knowledge of a situation or control over it to apply an ethical decision procedure. In these situations soldiers must guess at the right course of action and leave the outcome to luck. (shrink)

There are strong moral and legal pressures against harming civilians in times of conflict, yet neither just war theory nor international law is clear about what responsibilities belligerents have to correct harm once it has been inflicted. In this book, Marcus Schulzke argues that military powers have a duty to provide assistance to the civilians they attack during wars, and that this duty is entailed by civilians' right to life. Schulzke develops new just war principles requiring belligerents (...) to provide medical treatment and financial compensation to civilian victims, and then shows how these principles can be implemented in governmental, military, and international practice. He calls for a more individual-focused conception of international law and post-war justice for victims - as opposed to current state- or group-based reconstruction and reparation programs - which will provide a framework for protecting civilian rights. (shrink)

During combat, soldiers make critical split-second choices about matters of life and death dozens of times a day. These individual decisions accumulate to determine the outcome of wars. In this book, Marcus Schulzke examines the theory and practice of how military ethics can guide conduct in counterinsurgency, which are particularly difficult operations because the opponent operates outside of the laws of war. Schulzke surveys the ethical traditions that militaries borrow from; compares ethics in practice in the US (...) Army, British Army and Royal Marines Commandos, and Israel Defense Forces; and draws conclusions that may help militaries refine their approaches in future conflicts. The work is based on interviews with American, British, and Israeli soldiers who were deployed between 2000 and 2012, review of training materials and other official publications, published accounts from combat veterans, and observation of US Army focus groups with active duty soldiers. Examining three distinct national militaries illuminates positives and negatives is different approaches to military ethics. Schulzke makes a convincing argument that while moral warfare is an illusive goal, it is possible to make incremental improvements that can reduce war's destructiveness while improving the success of counterinsurgency operations. (shrink)

This paper explores the relevance of Kant's categorical imperative to military ethics and the solution it suggests for improving the treatment of women in the military. The second formulation of the categorical imperative makes universal respect for humanity a moral requirement by asserting that one must always treat other people as means in themselves and never as merely means to an end. This principle is a promising guide for military ethics and can be reconciled with the acts of violence required (...) by war. This paper argues that it can also regulate soldiers? relations to each other and that it may contribute to reorienting military culture in a way that overcomes the biases against female military personnel. (shrink)

Two of the most serious obstacles that plans for global taxation must overcome are: that there is no existing cosmopolitan political community that can serve as the ethical basis for global distributive justice and that many states have no strong interest that would lead them to support the creation of global taxes. I argue that it is possible for a system of global taxation to overcome these problems if a tax could provide a clear benefit to existing political communities and (...) if it could offer some benefit to the states that would bear much of the tax burden. A tax discouraging the use of tax havens is the most promising ways of accomplishing this. This type of tax could be legitimized on the basis of existing national political identities, as it would strengthen these communities by discouraging the violation of national ethical obligations through tax avoidance. States would also have a strong incentive for imposing this type of tax, as limiting the use of tax havens would allow states to collect lost revenue. (shrink)

This essay defends judicial review on procedural grounds by showing that it is an integral part of American democracy. Critics who object to judicial review using counter-majoritarian and epistemic arguments raise important concerns that should shape our understanding of the Supreme Court. Nevertheless, critics often fail to account for the formal and informal mechanisms that overcome these difficulties. Critics also fail to show that other branches of government could use the power of Constitutional interpretation more responsibly. By defending judicial review (...) in the American context, this essay demonstrates that judicial review is not inherently undemocratic. (shrink)

Over the past decade, New Atheists have campaigned against the influence of religion in public life and favored a more enlightened understanding of the world ? one based on the methods and theories of the natural sciences. Although the leaders of this movement refuse to give religion, even moderate religion, any place in determining moral conduct, they offer few alternatives. Most define moral responsibility by referring to facts about human biology or natural moral intuitions, yet without adequately defending this or (...) exploring the possibilities of non-naturalistic secular moralities. This essay argues that New Atheists' moral theories tend to be weak because of their naturalist assumptions. Its leading proponents seem to be unwilling to acknowledge that moral philosophy can play a role in developing secular moral precepts because philosophy fails to meet their strong criteria of scientific validity. This position is misguided not only because it has led New Atheists to defend weak moral theories but also because the methods of inquiry used in moral philosophy make it distinct from faith for many of the same reasons that the New Atheists think that science is distinct from faith. (shrink)

This essay proposes an alternative way of studying video games: as thought experiments akin to the narrative thought experiments that are frequently used in philosophy. This perspective incorporates insights from the narratological and ludological perspectives in game studies and highlights the philosophical significance of games. Video game thought experiments are similar to narrative thought experiments in many respects and can perform the same functions. They also have distinctive advantages over narrative thought experiments, as they situate counterfactuals in more complex, developed (...) contexts and present them to players who are participants in game worlds, rather than simply observers. (shrink)

Automated reasoning about uncertain knowledge has many applications. One difficulty when developing such systems is the lack of a completely satisfactory integration of logic and probability. We address this problem directly. Expressive languages like higher-order logic are ideally suited for representing and reasoning about structured knowledge. Uncertain knowledge can be modeled by using graded probabilities rather than binary truth-values. The main technical problem studied in this paper is the following: Given a set of sentences, each having some probability of being (...) true, what probability should be ascribed to other (query) sentences? A natural wish-list, among others, is that the probability distribution (i) is consistent with the knowledge base, (ii) allows for a consistent inference procedure and in particular (iii) reduces to deductive logic in the limit of probabilities being 0 and 1, (iv) allows (Bayesian) inductive reasoning and (v) learning in the limit and in particular (vi) allows confirmation of universally quantified hypotheses/sentences. We translate this wish-list into technical requirements for a prior probability and show that probabilities satisfying all our criteria exist. We also give explicit constructions and several general characterizations of probabilities that satisfy some or all of the criteria and various (counter) examples. We also derive necessary and sufficient conditions for extending beliefs about finitely many sentences to suitable probabilities over all sentences, and in particular least dogmatic or least biased ones. We conclude with a brief outlook on how the developed theory might be used and approximated in autonomous reasoning agents. Our theory is a step towards a globally consistent and empirically satisfactory unification of probability and logic. (shrink)

This new edition brings Farquharson's authoritative 1944 translation up to date and includes a helpful introduction and notes for the student and general reader. Rutherford includes a selection of letters from Marcus to his tutor Fronto--most of which date from his earlier years--that offer personal detail and help to fill out the somber portrait of the emperor that is found in the Meditations.

A biography of the Spanish-born Jewish philosopher, rabbi, and physician of the Middle Ages who spent a good deal of his life in Egypt and whose works influenced the thinking of Jews, Christians, and Moslems.

Plagiarism and other transgressions of the norms of academic integrity appear to be a persistent problem among upper secondary students. Numerous surveys have revealed high levels of infringement of what appear to be clearly stated rules. Less attention has been given to students’ understanding of academic integrity, and to the potential misconceptions and false beliefs that may make it difficult for them to comply with existing rules and handle complex real-life situations.In this paper we report findings from a survey of (...) European upper secondary students’ views on issues relating to academic integrity. We relate these findings to the students’ training about academic integrity, self-reported level of questionable behavior and country of study.A total of 1654 students at 51 institutions located in 6 European countries participated in the study. The participants generally believed they had a good understanding of the rules applying to them and knew how to behave in compliance with norms of academic integrity. The results indicate, however, that often, in practice, this belief was mistaken. Many students had an inadequate understanding of core elements of academic integrity. They were uncertain about how to act, and they struggled in the handling of complex situations that require context-sensitive judgement. While some differences between countries were identified, they were modest and exhibited no clear pattern. Our results also suggest that reducing students’ level of uncertainty and, to a lesser degree, improving their level of knowledge could lead them to engage less in certain types of questionable behaviours. Surprisingly, the effect of academic training is modest and ambiguous. The study also confirms that perception of peer behaviour has the strongest association with student engagement in questionable behaviours. Thus, academic integrity at the upper secondary level cannot be explained simply in terms of individual ethics or knowledge. (shrink)

The Repugnant Conclusion served an important purpose in catalyzing and inspiring the pioneering stage of population ethics research. We believe, however, that the Repugnant Conclusion now receives too much focus. Avoiding the Repugnant Conclusion should no longer be the central goal driving population ethics research, despite its importance to the fundamental accomplishments of the existing literature.

In Portraits of American Philosophy, eight of America's most prominent philosophers offer autobiographical narratives that remind us that the life of a scholar is both a tale of personal struggle and an adventure in ideas.

This paper shows that several live philosophical and scientific hypotheses – including the holographic principle and multiverse theory in quantum physics, and eternalism and mind-body dualism in philosophy – jointly imply an audacious new theory of free will. This new theory, "Libertarian Compatibilism", holds that the physical world is an eternally existing array of two-dimensional information – a vast number of possible pasts, presents, and futures – and the mind a nonphysical entity or set of properties that "read" that physical (...) information off to subjective conscious awareness (in much the same way that a song written on an ordinary compact-disc is only played when read by an outside medium, i.e. a CD-player). According to this theory, every possible physical “timeline” in the multiverse may be fully physically deterministic or physically-causally closed but each person’s consciousness still entirely free to choose, ex nihilo, outside of the physical order, which physically-closed timeline is experienced by conscious observers. Although Libertarian Compatibilism is admittedly fantastic, I show that it not only follows from several live scientific and philosophical hypotheses, I also show that it (A) is a far more explanatorily powerful model of quantum mechanics than more traditional interpretations (e.g. the Copenhagen, Everett, and Bohmian interpretations), (B) makes determinate, testable empirical predictions in quantum theory, and finally, (C) predicts and explains the very existence of a number of philosophical debates and positions in the philosophy of mind, time, personal identity, and free will. First, I show that whereas traditional interpretations of quantum mechanics are all philosophically problematic and roughly as ontologically “extravagant” as Libertarian Compatibilism – in that they all posit “unseen” processes – Libertarian Compatibilism is nearly identical in structure to the only working simulation that human beings have ever constructed capable of reproducing (and so explaining) every general feature of quantum mechanics we perceive: namely, massive-multiplayer-online-roleplaying videogames (or MMORPGs). Although I am not the first to suggest that our world is akin to a computer simulation, I show that existing MMORPGs (online simulations we have already created) actually reproduce every general feature of quantum mechanics within their simulated-world reference-frames. Second, I show that existing MMORPGs also replicate (and so explain) many philosophical problems we face in the philosophy of mind, time, personal identity, and free will – all while conforming to the Libertarian Compatibilist model of reality. -/- I conclude, as such, that as fantastic and metaphysically extravagant as Libertarian Compatibilism may initially seem, it may well be true. It explains a number of features of our reality that no other physical or metaphysical theory does. (shrink)

Theorists have long debated whether John Rawls’ conception of justice as fairness can be extended to nonideal (i.e. unjust) social and political conditions, and if so, what the proper way of extending it is. This paper argues that in order to properly extend justice as fairness to nonideal conditions, Rawls’ most famous innovation – the original position – must be reconceived in the form of a “nonideal original position.” I begin by providing a new analysis of the ideal/nonideal theory distinction (...) within Rawls’ theoretical framework. I then systematically construct a nonideal original position, showing that although its parties must have Rawls’ principles of ideal justice and priority relations as background aims, the parties should be entirely free to weigh those aims against whatever burdens and benefits they might face under nonideal conditions. Next, I show that the parties ought to aim to secure for themselves a special class of nonideal primary goods: all-purpose goods similar to Rawls’ original primary goods, but which in this case are all-purpose goods individuals might use to (A) promote Rawlsian ideals under nonideal conditions, (B) weigh Rawls’ principles of ideal justice and priority relations against whatever burdens and benefits they might face under nonideal conditions, and (C) effectively pursue their most favored weighting thereof. I then defend a provisional list of nonideal primary goods which include opportunities to participate effectively in equitable and inclusive grassroots reform movements guided by a series of substantive aims. Finally, I briefly speculate on how the parties to the nonideal original position might deliberate to principles of nonideal justice for distributing nonideal primary goods, suggesting that those goods should be distributed in proportion to unjust disadvantage. (shrink)

In the de Officiis we have, save for the latter Philippics, the great orator's last contribution to literature. The last, sad, troubled years of his busy life could not be given to his profession; and he turned his never-resting thoughts to the second love of his student days and made Greek philosophy a possibility for Roman readers. The senate had been abolished; the courts had been closed. His occupation was gone; but Cicero could not surrender himself to idleness. In those (...) days of distraction (46-43 b.c.) he produced for publication almost as much as in all his years of active life.The liberators had been able to remove the tyrant, but they could not restore the republic. Cicero's own life was in danger from the fury of mad Antony and he left Rome about the end of March, 44 b.c. He dared not even stop permanently in any one of his various country estates, but, wretched, wandered from one of his villas to another nearly all the summer and autumn through. He would not suffer himself to become a prey to his overwhelming sorrow at the death of the republic and the final crushing of the hopes that had risen with Caesar's downfall, but worked at the highest tension on his philosophical studies. (shrink)