Professor Michael S. Moore, Charles R. Walgreen, Jr. Chair and Co-Director, Program in Law and Philosophy at the University of Illinois College of Law, delivered Duke Law's Annual Brainerd Currie Memorial Lecture entitled "The Elusive Quest for a Constitutional Right to Liberty." One of the country's most prominent authorities on the intersection of law and philosophy, he has published eight books and some 60 major articles, which have appeared in the country's top law reviews and peer reviewed journals (...) in philosophy and psychiatry. He is the author of Placing Blame, a General Theory of the Criminal Law, widely regarded as the leading modern statement of the retributivist theory of punishment and of that theory's systematic application to criminal law doctrine. In Act and Crime: The Philosophy of Action and its Implications for Criminal Law, Moore provided a unified theory of action that underlies English and American criminal jurisprudence. Professor Moore has presented more than 150 lectures and papers in law, jurisprudence, political theory, legal philosophy, political science and economics, philosophy, psychology, and psychiatry. Sponsored by the Office of the Dean. (shrink)

One major difficulty confronting attempts to clarify the epistemological and ontological status of abstract objects is determining the sense, if any, in which such entities may be characterised as mind and language independent. Our contention is that the tolerant reductionist position of Michael Dummett can be strengthened by drawing on Husserl's mature account of the constitution of ideal objects and mathematical objectivity. According to the Husserlian position we advocate, abstract singular terms pick out weakly mind-independent sedimented meaning-contents. These meaning-contents (...) serve as the ‘thin’ referents of abstract singular terms, but are ultimately founded in prior acts of meaning-constitution. (shrink)

Michael Dummett has argued that the linguistic turn, initiated by Frege, is the decisive moment in the birth of the analytical tradition and what distinguishes that tradition from other movements. The thesis of the paper is that Dummett’s account of the origins of the analytical tradition understates the extent to which Frege’s work, and the linguistic turn more generally, are responses to antinomies in the modern philosophical project. An adequate characterisation of the origins of the analytic tradition presupposes an (...) account of the fundamental conceptual shift that occurred during the time of the scientific revolution and the epistemological problems that arose in conjunction with this shift. This is why it is misleading to assert, with Dummett, that the really interesting developments in terms of understanding the analytical tradition are subsequent to Frege. The most productive contrast in terms of understanding the origins of the analytical tradition is not between pre and post Fregean thought, the paper argues, but between modern and premodern conceptions of philosophy and its relation to the world of everyday experience. (shrink)

One major difficulty confronting attempts to clarify the epistemological and ontological status of abstract objects is determining the sense, if any, in which such entities may be characterised as mind and language independent. Our contention is that the tolerant reductionist position of Michael Dummett can be strengthened by drawing on Husserl's mature account of the constitution of ideal objects and mathematical objectivity. According to the Husserlian position we advocate, abstract singular terms pick out weakly mind-independent sedimented meaning-contents. These meaning-contents (...) serve as the ‘thin’ referents of abstract singular terms, but are ultimately founded in prior acts of meaning-constitution. (shrink)

Challenges to Moral and Religious Belief contains fourteen original essays by philosophers, theologians, and social scientists on challenges to moral and religious belief from disagreement and evolution. Three main questions are addressed: Can one reasonably maintain one's moral and religious beliefs in the face of interpersonal disagreement with intellectual peers? Does disagreement about morality between a religious belief source, such as a sacred text, and a non-religious belief source, such as a society's moral intuitions, make it irrational to continue trusting (...) one or both of those belief sources? Should evolutionary accounts of the origins of our moral beliefs and our religious beliefs undermine our confidence in their veracity? This volume places challenges to moral belief side-by-side with challenges to religious belief, sets evolution-based challenges alongside disagreement-based challenges, and includes philosophical perspectives together with theological and social science perspectives, with the aim of cultivating insights and lines of inquiry that are easily missed within a single discipline or when these topics are treated in isolation. The result is a collection of essays--representing both skeptical and non-skeptical positions about morality and religion--that move these discussions forward in new and illuminating directions. -/- Contributors: Robert Audi, University of Notre Dame; Michael Bergmann, Purdue University; Sarah Brosnan, Georgia State University; William FitzPatrick, University of Rochester; John Hare, Yale University; Timothy P. Jackson, Emory University; Patrick Kain, Purdue University; Jordan Kiper, University of Connecticut; Dustin Locke, Claremont McKenna College; Charles Mathewes, University of Virginia; Mark C. Murphy, Georgetown University; John Pittard, Yale Divinity School; Walter Sinnott-Armstrong, Duke University; Richard Sosis, University of Connecticut; Sharon Street, New York University; Joshua Thurow, University of Texas at San Antonio; Ralph Wedgwood, University of Southern California. (shrink)

Is there life after theory? If the death of the Author has now been followed by the death of the Theorist, what's left? Indeed, who's left? To explore such riddles Life. After.Theory brings together new interviews with four theorists who are left, each a major figure in their own right: Jacques Derrida, Frank Kermode, Toril Moi, and Christopher Norris. Framed and introduced by Michael Payne and John Schad, the interviews pursue a whole range of topics, both familiar and unfamiliar. (...) Among other things, Derrida, Kermode, Moi and Norris discuss being an outsider, taking responsibility, valuing books, getting angry, doing science, listening to music, remembering Empson, rereading de Beauvoir, being Jewish, asking forgiveness, smoking in libraries, befriending the dead, committing bigamy, forgetting to forget, thinking, not thinking, believing, and being mad. These four key thinkers explore why there is life after theory...but not as we know it. Jacques Derrida is Professor at the +cole des Hautes +tudes en Sciences Sociales in Paris. He is the author of a range of extraordinarily influential works including Of Grammatology, Writing and Difference and Dissemination. Sir Frank Kermode is a former King Edward VII Professor of English Literature at the University of Cambridge and author of, among many other books, The Sense of An Ending: Studies in the Theory of Fiction, Shakespeare's Language, and Not Entitled, his memoirs. Toril Moi is James B. Duke Professor of Literature and Romance Studies at Duke University. Her books include Sexual/Textual Politics: Feminist Literary Theory, Simone de Beauvoir: The Making of an Intellectual Woman and What Is a Woman? And Other Essays. Christopher Norris is Distinguished Research Professor in Philosophy at the University of Cardiff. He has published some twenty books to date, including, most recently, Deconstruction and the Unfinished Project of Modernity, Quantum Theory and the Flight from Realism, Truth Matters: Realism, Anti-Realism, and Response-Dependence, and Hilary Putnam: Reason, Realism, and the Uses of Uncertainty. (shrink)

The third edition of a work that defines the field of cognitive neuroscience, with extensive new material including new chapters and new contributors.

From the concrete experience of war, Michael S. Yandell constructs a phenomenology of “negative revelation” in which false or distorted claims of goodness and justice disintegrate and become meaningless, adding depth to the term moral injury.

Whataboutism is een strategie waarbij op een beschuldiging wordt gereageerd met een wedervraag die eveneens een beschuldiging impliceert, waardoor de oorspronkelijke vraag eerder wordt ontweken dan beantwoord. Het is een effectieve methode om de aandacht te verplaatsen naar een andere situatie door een vergelijkbaar, dan wel onvergelijkbaar, contrast te bieden, waardoor de beschuldigde het eigen gedrag probeert te rechtvaardigen en verantwoordelijkheid probeert te ontlopen. Maar niet alle vormen van whataboutism impliceren echter een drogredenering, noch worden ze altijd verkeerd toegepast. Het (...) contrast dat voortkomt uit de vraag ‘what about’ kan dan een cruciale bijdrage leveren aan een situatie die een verdere kritische analyse vereist, en daarmee de geloofwaardigheid van de argumentatie versterken. (shrink)

Political Theologies of Justice: Meritocratic Values from a Global Perspective Michael Puett In fourth century BCE China, a religious revolutionary named Mozi emerged. In opposition to much of the religious practices and assumptions of the time, Mozi announced that Heaven, the highest god, was a just and non-capricious deity who had created the world for humanity. As a just deity, Heaven rewarded good humans and punished bad ones. And Heaven charged humans with creating a political order that did the (...) same: Moreover, there are ways that I (Mozi) know Heaven loves the people deeply. It shaped and made the sun, moon, stars, and constellations so as to illuminate and guide [the people]. It formed and made the four seasons, spring, autumn, winter, and summer, so as to weave them into order. It sent down thunder, snow, frost, rain, and dew so as to make the five grains, hemp, and silk grow and prosper, and sent the people to obtain materials and benefit from them. It arranged and made mountains, streams, gorges, and valleys, and distributed and bestowed the hundred affairs so as to oversee and supervise the goodness and badness of the people. It made kings, dukes, and lords and charged them with, first, rewarding the worthy and punishing the wicked, and, second, plundering the metals, wood, birds, and beasts and working the five grains, hemp, and silk so as to make the materials for people's clothing and food. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bioethics Inside the BeltwayNHGRI’s Intramural Ethics ExperimentRonald M. Green (bio)Early in 1995, the National Human Genome Research Institute (then known as the National Center for Human Genome Research) began a novel experiment. It established the Office of Genome Ethics in its Division of Intramural Research (DIR). An extramural “ELSI” funding program for research on the ethical, legal, and social implications of the Human Genome Project had been in existence (...) since 1990, and a joint Department of Energy, NIH Working Group to consider larger policy issues raised by the genome project had also been in existence since that date. But the establishment of the Office of Genome Ethics was the first effort to provide an in-house ethics service for the several hundred NHGRI genetic researchers working on the NIH campus.The experiment was also novel by NIH standards. The Clinical Center, which serves all NIH research institutes as a patient-care facility, has long had a bioethics program, but, to my knowledge, none of the 23 other institutes, centers, or divisions of the NIH had ever developed an ethics program to assist its on-campus researchers in identifying and addressing the ethical issues arising from their research. Behind this initiative lay the commitment to ethics in genetic research shared by Francis Collins, Director of NHGRI, Jeff Trent, Scientific Director of the Division of Intramural Research, and other senior scientists and administrators of the Institute.I was fortunate to be asked to serve as Director of this office. My previous experience in the federal context was limited. I had served on many NIH study sections and for a nine-month period had been a member of the Human Embryo Research Panel, but none of this amounted to an “insider’s view” of government bioethics. The preponderance of my bioethics career had transpired in the university and medical school/medical center environment.Because I had to continue to fulfill many Dartmouth commitments, I agreed to serve on an interim and half-time basis (one week in Bethesda; one week at home) for an 18-month period. I was assisted in maintaining this schedule by the appointment of a deputy, Mathew Thomas, a recent bioethics graduate of Duke University, who would serve on a full-time basis and provide continuity for our [End Page 181] work. Our objectives, established in consultation with NHGRI personnel, were to learn which functions would be most useful, to set up a program to provide them, and, eventually, to aid in the process of determining how an office like this might fit into NHGRI’s future.As this 18-month stint draws to a close, I can report that it has been an exhilarating experience. I am grateful for the opportunity to have worked with outstanding scientists in an area of growing importance and interest. I believe we have pioneered in the provision of bioethics education and counsel to a diverse group of genetic researchers. We have helped to “open the doors and windows” of the Genome Institute, facilitating two-way communication between NHGRI researchers and others interested in genetic and ethics. We have assisted with some knotty problems in genetic research while building a base of knowledge about highly specialized issues that is useful to researchers inside and outside NHGRI. What follows is an abbreviated overview and evaluation of our activities during this period.Main ActivitiesWorking with a core of interested supporters from every branch of the DIR, our office quickly established a roster of activities aimed at meeting identified needs. These included: (1) a consult service able to help investigators address urgent problems arising in their research or in the IRB review process; (2) a program of workshops and discussion groups dealing with challenging ethical issues raised by genetic research; (3) a program of public seminars bringing together NHGRI researchers and other clinicians, scientists, and scholars in the greater Washington area who are interested in genetic ethics; (4) a course on science research ethics to be offered to all NHGRI personnel; and (5) an ongoing program of research activities in genetics and ethics designed to provide depth and substance to the office’s work.ConsultationsIn an institute with scores of... (shrink)

The rapid advancement of technology has led to an explosion of speculative theories about what the future of humankind may look like. These "technological futurisms" have arisen from significant advances in the fields of nanotechnology, biotechnology and information technology and are drawing growing scrutiny from the philosophical and theological communities. This text seeks to contextualize the growing literature on the cultural, philosophical and religious implications of technological growth by considering technological futurisms such as transhumanism in the context of the long (...) historical tradition of technological dreaming. Michael Burdett traces the latent religious sources of our contemporary technological imagination by looking at visionary approaches to technology and the future in seminal technological utopias and science fiction and draws on past theological responses to the technological future with Pierre Teilhard de Chardin and Jacques Ellul. Burdett's argument arrives at a contemporary Christian response to transhumanism based around the themes of possibility and promise by turning to the works of Richard Kearney, Eberhard Jüngel and Jürgen Moltmann. Throughout, the author highlights points of correspondence and divergence between technological futurisms and the Judeo-Christian understanding of the future. (shrink)

A recalcitrant emotion is one which conflicts with evaluative judgement. (A standard example is where someone is afraid of flying despite believing that it poses little or no danger.) The phenomenon of emotional recalcitrance raises an important problem for theories of emotion, namely to explain the sense in which recalcitrant emotions involve rational conflict. In this paper I argue that existing ‘neojudgementalist’ accounts of emotions fail to provide plausible explanations of the irrationality of recalcitrant emotions, and develop and defend my (...) own neojudgementalist account. On my view, recalcitrant emotions are irrational insofar as they incline the subject to accept an evaluative construal that the subject has already rejected. (shrink)

Originally published: Oxford: Clarendon, 1997.

This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in (...) the legal literature. This connection is illustrated through a discussion of the Gettier problem in epistemology. It is argued that the gap or disconnect between truth and justification that undermines knowledge in Gettier cases also potentially undermines the success of legal verdicts. (shrink)

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of Contributors -- Preface -- Foreword -- Introduction -- Chapter 1 Alternate Possibilities and Moral Responsibility -- Chapter 2 Responsibility and Alternative Possibilities -- Chapter 3 Blameworthiness and Frankfurt's Argument Against the Principle of Alternative Possibilities -- Chapter 4 In Defense of the Principle of Alternative Possibilities: Why I Don't Find Frankfurt's Argument Convincing -- Chapter 5 Responsibility, Indeterminism and Frankfurt-style Cases: A Reply to (...) Mele and Robb -- Chapter 6 Classical Compatibilism: Not Dead Yet -- Chapter 7 Bbs, Magnets and Seesaws: The Metaphysics of Frankfurt-style Cases -- Chapter 8 Moral Responsibility without Alternative Possibilities -- Chapter 9 Freedom, Foreknowledge and Frankfurt -- Chapter 10 Source Incompatibilism and Alternative Possibilities -- Chapter 11 Robustness, Control, and the Demand for Morally Significant Alternatives: Frankfurt Examples with Oodles and Oodles of Alternatives -- Chapter 12 Alternate Possibilities and Reid's Theory of Agent-causation -- Chapter 13 Responsibility and Agent-causation -- Chapter 14 Soft Libertarianism and Flickers of Freedom -- Chapter 15 'Ought' Implies 'Can', Blameworthiness, and the Principle of Alternate Possibilities -- Chapter 16 The Moral Significance of Alternate Possibilities -- Chapter 17 The Selling of Joseph - A Frankfurtian Interpretation -- Chapter 18 Some Thoughts Concerning PAP -- Bibliography -- Index. (shrink)

ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that sensitivity does (...) not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

In Consciousness and the Social Brain, Princeton neuroscientist Michael Graziano lays out an audacious new theory to account for the deepest mystery of them all.

This study examined three main issues among 364 primary school children: (1) self?reported levels of perceived safety in classroom and playground, and relationship with teacher, (2) associations between perceived safety in the two contexts and peer reported levels of being bullied, and (3) if relationship with teacher moderated the associations between peer reported levels of being bullied and perceived safety in classroom and playground. Data were collected in individual and small group interviews. Overall, while most participants reported positive relationships with (...) their class teacher, and felt safe in their classroom and in the playground, a substantial minority did not. The correlations between level of being bullied and perceived safety in classroom and playground were significant but of modest size. Relationship with teacher did moderate the correlation for perceived safety in the classroom, but did not do so for perceived safety in the playground. No significant age or sex differences were obtained. The theoretical and practical implications of these findings were discussed. (shrink)

The elephant in the room -- Crabs and octopuses -- The central intelligence of a frog -- The cerebral cortex and consciousness -- Social consciousness -- Yoda and Darth: how can we find -- Consciousness in the brain? -- The hard problem and other perspectives on consciousness -- Conscious machines -- Uploading minds -- How to build visual consciousness.

There is a loud and persistent drum beat of support for schools, for citizenship, for diversity and inclusion, and increasingly for labor market readiness with very little critical attention to the assumptions underlying these agendas, let alone to their many internal contradictions. Accordingly, in this book I examine the philosophical, motivational, and practical challenges of education theory, policy, and practice in the twenty-first century. As I proceed, I do not neglect the historical, comparative international context so essential to better understanding (...) where we are, as well as what is attainable in terms of educational justice. I argue that we must constructively critique some of our most cherished beliefs about education if we are to save the hope of real justice from the rhetoric of imagined justice. (shrink)

The article explores the agreements and disagreements between the author and the authors of Responsible Brains on how neuroscience relates to moral responsibility. The agreements are fundamental: neuroscience is not the harbinger of revolutionary revision of our views of when persons are morally responsible for the harms that they cause. The disagreements are in the details of what is needed for neuroscience to be the helper of the moral sciences.

This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...) for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)

"The Cognitive Neurosciences III is a magnificent accomplishment. It covers topics trom ions to consciousness, from reflexes to social psychology. ...

The experience of a reward appears to enhance memory for recent prior events, adaptively making that information more available to guide future decision-making. Here, we tested whether reward enhances memory for associative item-location information and also whether the effect of reward spreads to other categorically-related but unrewarded items. Participants earned either points (Experiment 1) or money (Experiment 2) through a time-estimation reward task, during which stimuli-location pairings around a 2D-ring were shown followed by either high-value or low-value rewards. All stimuli (...) were then tested for location memory or recognition (yes/no), immediately and after a 24-hour delay. Across both experiments (combined analysis), there was a robust improvement in location memory following high-value rewards, even though evidence supporting this effect was reliable in Experiment 2 but not in Experiment 1. The memory-enhancing effect of reward was observed on both the immediate and delayed location-memory tests. Reward-enhanced memory for both directly rewarded stimuli and categorically related stimuli that were not directly rewarded. No reliable effect of reward value on yes/no recognition-memory performance was observed in either experiment. We hypothesise that reward enhances the consolidation of recent experience and conceptually related memories to make these more available for future decisions. (shrink)

Message from the planet -- When prophecy fails -- Energy and empire -- Climate economics -- Ethical emissions -- Dwelling in the light -- Mobility and pilgrimage -- Faithful feasting -- Remembering in time.

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

In various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we havecausedby the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “caused… abuse to the child….” More often, the causal element in criminal liability is more implicit, as when (...) criminal statutes prohibitkillings, maimings, rapings, burnings, etc. Such causally complex action verbs are correctly applied only to defendants who have caused death, caused disfigurement, caused penetration, caused fire damage, etc. (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

Ethics are of interest to business scholars because they influence decisions, behaviors, and outcomes. While scholars have increasingly shown interest in business ethics as a research topic, there are a mounting number of studies that examine ethical issues at the organizational level of analysis. This manuscript reports the results of a systematic review of empirical research on organizational ethics published in a broad sample of business journals over a 33-year period. A total of 184 articles are analyzed to reveal gaps (...) in the literature and, subsequently, lead to suggestions for future research; this is done in an effort to stimulate and perpetuate high quality research that more broadly impacts business scholars and practitioners. (shrink)

Starting from Marr's ideas about levels of explanation, a theory of the data structures and access processes in human memory is demonstrated on 10 tasks. Functional characteristics of human memory are captured implementation-independently. Our theory generates a multidimensional task classification subsuming existing classifications such as the distinction between tasks that are implicit versus explicit, data driven versus conceptually driven, and simple associative (two-way bindings) versus higher order (threeway bindings), providing a broad basis for new experiments. The formal language clarifies the (...) binding problem in episodic memory, the role of input pathways in both episodic and semantic (lexical) memory, the importance of the input set in episodic memory, and the ubiquitous calculation of an intersection in theories of episodic and lexical access. (shrink)

Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions.