The existence of predatory animals is a problem in animal ethics that is often not taken as seriously as it should be. We show that it reveals a weakness in Tom Regan's theory of animal rights that also becomes apparent in his treatment of innocent human threats. We show that there are cases in which Regan's justice-prevails-approach to morality implies a duty not to assist the jeopardized, contrary to his own moral beliefs. While a modified account of animal rights that (...) recognizes the moral patient as a kind of entity that can violate moral rights avoids this counterintuitive conclusion, it makes non-human predation a rights issue that morally ought to be subjected to human regulation. Jennifer Everett, Lori Gruen and other animal advocates base their treatment of predation in part on Regan's theory and run into similar problems, demonstrating the need to radically rethink the foundations of the animal rights movement. We suggest to those who, like us, find it less plausible to introduce morality to the wild than to reject the concept of rights that makes this move necessary to read our criticism either as a modus tollens argument and reject non-human animal rights altogether or as motivating a libertarian-ish theory of animal rights. (shrink)

Whereas indirect euthanasia is a common clinical practice, active euthanasia remains forbidden in most countries. The reason for this differentiation is usually seen in the principle of double-effect (PDE). PDE states that there is a morally relevant difference between the intended consequences of an action and merely foreseen, unintended side-effects. This article discloses the fundamental assumptions presenting the basis for this application of the PDE and examines whether these assumptions are compatible with the PDE. It is shown that neither a (...) liberal nor a utilitarian point of view makes the utilization of the PDE possible. In accordance with philosophical tradition, only within the doctrine of the sanctity of life does the PDE seem to be applicable. By analysing the premises of this doctrine, and comparing them with those of the PDE, the inconsistency of this idea is demonstrated. It is suggested that the role of the PDE in the current discussion on euthanasia is largely exaggerated. (shrink)

Quantum theory is a powerful framework for probabilistic modeling of cognition. Strong empirical evidence suggests the context- and order-dependent representation of human judgment and decision-making processes, which falls beyond the scope of classical Bayesian probability theories. However, considering behavior as the output of underlying neurobiological processes, a fundamental question remains unanswered: Is cognition a probabilistic process at all?

Philosophy and Kafka is a collection of original essays interrogating the relationship of literature and philosophy. The essays either discuss specific philosophical commentaries on Kafka’s work, consider the possible relevance of certain philosophical outlooks for examining Kafka’s writings, or examine Kafka’s writings in terms of a specific philosophical theme, such as communication and subjectivity, language and meaning, knowledge and truth, the human/animal divide, justice, and freedom.

Anläßlich ihres 75-jährigen Jubiläums hat die Philosophisch-Theologische Hochschule Sankt Georgen in Frankfurt am Main am 19. und 20. Oktober 2001 eine Tagung zu "Vernünftig. Ansätze gegenwärtiger Religionsphilosophie" veranstaltet, deren wissenschaftlicher Ertrag mit diesem Band öffentlich zur Diskussion gestellt wird. In zwei thematischen Einheiten haben zuerst Philosophen und dann Theologen neue Überlegungen aus ihren Forschungsgebieten vorgetragen und aktuelle Fragestellungen referiert, auf die jeweils ein Vertreter der anderen Fakultät mit kritischen Anfragen erwidert hat. Alle Gesprächseinheiten dieser Art bilden den ersten Teil des (...) vorliegenden Bandes (C.S. Evans/A. Kreiner, P. Valadier/M. Sievernich, F. Ricken/M. Kehl; D. Böhler/H. de Ternay, H.-J. Höhn/M. Dreyer, J.A. Martínez Camino/H.-D. Mutschler, H. Verweyen/J. Splett). Darüber hinaus enthält der Band Beiträge aus dem Kreis der Teilnehmer, die auf die Diskussionen während der Tagung zurückgehen. Zwei geistesgeschichtlich orientierte Aufsätze eröffnen diesen zweiten Teil (R.M.W. Stammberger, R. Berndt). Zwei weitere Texte unterziehen zeitgenössische religionsphilosophische Entwürfe einer kritischen Analyse (G. Kruck, H.-L. Ollig), bevor systematische Skizzen das Buch abschließen (H. Watzka, R. Audi, R. Wimmer). (shrink)

Die Unterscheidung von Körper und Seele war wohl einer der bedeutendsten Einschnitte in der Geschichte der Ideen. Wie sich dies in Abhängigkeit von den sozialen Strukturen entwickelte, wird hier für verschiedene Kulturen (u. a. "primitive" Gesellschaften, Alter Orient, Indien, die klassische Antike, Christentum) gezeigt. In vielen "einfachen" Gesellschaften ohne ausgeprägtes Zentrum werden dem Menschen mehrere Seelen zugeschrieben, die auf verschiedene Weise entstehen und beim Tod an verschiedene Orte gehen. In seinen Seelenreisen handelt der Schamane z. B. für die Jagd den (...) Seelentausch zwischen Mensch und Tier aus und holt die Seelen der Kinder aus dem Jenseits. Die Hochkulturen schreiben dem Menschen oft nur eine Seele zu, die das ihn steuernde Zentrum bildet. Sie wird -- entsprechend der Schichtung der Gesellschaft -- als hierarchisch geordnetes System begriffen -- mit der Vernunft oben, den Emotionen und Trieben unten. Die Seelenreise wird vorrangig für die nachtodliche Vergeltung genutzt. Strafe und Belohnung sind affirmativ auf die soziale Schichtung bezogen (z. B. im vedischen Reinkarnationsglauben) oder ein Protest dagegen (im frühen Christentum). Wenn sich dies in Weltablehnung manifestiert, gerät die Seele in Gegensatz zum Körper, der u. U. sogar aus der Definition des Menschen ausgeschlossen wird. Zeugung, Embryonalentwicklung und Geburt werden nun nicht selten als schwierige, ja sogar gewaltsame Zusammenfügung gegensätzlicher Bestandteile verstanden. Unter dieser Fragestellung werden die Theorien zur Entstehung der Seele in Schöpfung und Zeugung in ihren Widersprüchen zwischen religiösem Dogma und philosophischer Logik dargestellt."-- Back cover. (shrink)

Gennaro Chtjerchia, Dynamics of meaning: anaphora, presupposition, and the the of grammar. Chicago and London: The University of Chicago Press, 1995.xv+ 270 pp, £59.95, £31.95 G. Pr...

This article is about the place of kalām (theology) within the general structure of al-Fārābī's metaphysics. In this framework, the article consists of two parts. The first part examines the position of metaphysics within the framework of al-Fārābī's idea of perfection. In the second part, a close reading of al-Fārābī's al-Ibāna ʿan ġarażi Arisṭuṭālīs fī kitābi mā baʿda al-ṭabīʿa is made and al-Fārābī's approach to the theoretical aspect of theology within the theory of milla is analyzed. Since al-Fārābī's theories of (...) perfection and meaning are the theories that affect a major part of his philosophy, the article shows the effects of these two theories on al-Fārābī's analysis of metaphysics without examining their general position in al-Fārābī's philosophy. In this framework, the article examines the idea that al-Fārābī's metaphysics should be evaluated in view of the background of his theories of perfection and meaning, based on the secondary literature on the subject. As evidence for this claim, al-Fārābī's description of the philosophical sciences as the steps of intellectual perfection is shown in the article. The article emphasizes that al-Fārābī's evaluations of the relationship between kalām and metaphysics are based on the theory of perfection. A close reading of the relevant passages in Taḥṣīl al-saʿāda, Treatise on Intellect (Risāla fi-l ‘aql), and Kitāb al-Ḥurūf shows how al-Fārābī's theories of perfection and meaning form the background of his analysis of metaphysics through the philosopher's arguments. On the other hand, the article shows how al-Ibāna might be understood within al-Fārābī's metaphysical construct by showing the extensions of the theories of perfection and meaning in this work. For al-Fārābī, metaphysics, which constitutes the last step of intellectual perfection, is also the highest science. This process is indicated by the concept “al-naẓar al-ilāhī” (divine thinking/thought). In this framework, kalām cannot gain the title of metaphysics because it is a science that does not emerge in the course of intellectual perfection. In this article, this approach is justified by considering the relevant passages in al-Ibāna. Al-Fārābī's distinction between the science of divine oneness (tawḥīd) and metaphysics in this work has been a subject of debate among scholars. Regarding what al-Fārābī meant by the definition of universal knowledge, the article emphasizes that the relationship of metaphysics with the theories of perfection and meaning influenced al-Fārābī's approach to universal knowledge. In the last part of the article, al-Fārābī’s theory of milla is considered in the context of the theory of meaning. For this aim, the article suggests that al-Fārābī’s idea of milla as a copy or similitude of philosophy makes the science of kalām an intermediate science that acts between the verbal and the philosophical areas of meaning. (shrink)

He then proceeds with an examination of the picture theory developed by Wittgenstein, Carnap, and Goodman, and concludes with an examination of Patricia Churchland, Ruth Millikan, Robert Cummins, and Mark Rollins. The use of the historical development of representationalism to pose a central problem in contemporary cognitive science is unique.

After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must begin not with the (...) entire realm of wrongdoing, but with conduct falling within the public realm of our civic life; the need to look at the different processes of criminalization, and to ask what kinds of consideration can properly figure in those processes; the need to attend to the relationship, and the essential differences, between criminal law and other modes of legal regulation. (shrink)

Authors from all over the world unite in an effort to cultivate dialogue between Asian and Western philosophy. The papers forge a new, East-West comparative path on the whole range of issues in Kant studies. The concept of personhood, crucial for both traditions, serves as a springboard to address issues such as knowledge acquisition and education, ethics and self-identity, religious/political community building, and cross-cultural understanding. Edited by Stephen Palmquist, founder of the Hong Kong Philosophy Café and well known for both (...) his Kant expertise and his devotion to fostering philosophical dialogue, the book presents selected and reworked papers from the Kant in Asia conference, held in Hong Kong in May 2009. In addition to keynote essays by Patricia Kitcher (Columbia), Günter Wohlfart (Wuppertal), and Cheng Chung-ying (Hawaii), the book contains 64 contributed essays. The latter include contributions from Andrew Brook, David Cummiskey, Rainer Enskat, Wolfgang Ertl, Hans Feger, Klaus-Gerd Giesen, Ronald Green, Martin Moors, Ulrich Seeberg, Susan Shell, Rein Vos, Günter Zoeller, and numerous Asian philosophers. (shrink)

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...) and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)

Aim To study the views of people in a largely Muslim country, Kuwait, of the acceptability of a life-ending action such as physician-assisted suicide (PAS). Method 330 Kuwaiti university students judged the acceptability of PAS in 36 scenarios composed of all combinations of four factors: the patient's age (35, 60 or 85 years); the level of incurability of the illness (completely incurable vs extremely difficult to cure); the type of suffering (extreme physical pain or complete dependence) and the extent to (...) which the patient requests a life-ending procedure, euthanasia or PAS (no request, some form of request, repeated requests). In all scenarios, the patients were women who were receiving the best possible care. The ratings were subjected to cluster analysis and analyses of variance. Results Five clusters were found. For 44%, PAS was always very unacceptable, no matter what the circumstances. For 23%, it was unacceptable, but less so if the patient was older or requested it repeatedly. For 16%, it was unacceptable if the patient was young but was acceptable if the patient was elderly. For 5%, it was unacceptable if the patient had extreme pain but was acceptable if completely dependent. For 11%, it was unacceptable if the patient did not request it but acceptable if she did. Conclusion The majority of the Kuwaiti university students opposed PAS either categorically or with a slight variation according to circumstances. Nonetheless, a minority approved of PAS in some cases, particularly when the patient was elderly. (shrink)

After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we (...) should determine the proper scope of the criminal law. (shrink)

The reputation Theologoumena Arithmeticae has acquired is largely that of being an odd, and frequently opaque, compilation of arithmological lore. As a sourcebook for this aspect of the Pythagorean tradition it is, of course, invaluable. However, its poor reputation is increased, and its historical value lessened, by the depredations time has wrought on the text. ThA was never great prose: it is a compilation, largely from the lost Theologoumena Arithmeticae of Nicomachus of Gerasa and from Anatolius' Peri Dekados; and the (...) text which cannot be safely or conjecturally assigned to these two sources often reads like little more than the written-up notes of some student. However, the treatise contains passages of considerable lucidity, within the context of its peculiar framework. (shrink)

The reputation Theologoumena Arithmeticae has acquired is largely that of being an odd, and frequently opaque, compilation of arithmological lore. As a sourcebook for this aspect of the Pythagorean tradition it is, of course, invaluable. However, its poor reputation is increased, and its historical value lessened, by the depredations time has wrought on the text. ThA was never great prose: it is a compilation, largely from the lost Theologoumena Arithmeticae of Nicomachus of Gerasa and from Anatolius' Peri Dekados; and the (...) text which cannot be safely or conjecturally assigned to these two sources often reads like little more than the written-up notes of some student. However, the treatise contains passages of considerable lucidity, within the context of its peculiar framework. (shrink)

Certainly the most elaborate single extant monument of Renaissance French prose literature, Michel de Montaigne's "Essais" presents a subject matter that often discusses and analyzes concepts of language in general as well as language as a vehicle of its own expression. This study addresses the author's exploration of the dedalus of language as he ambles and rambles its roads, streets, and alleys; draws the portrait of his philosophy of language or philology; and concludes his affirmative and positivistic attitude toward language (...) and its literary application or the art and artistry of literature. The great Renaissance humanist's depiction of language in the "Essais" is analyzed in this book on the basis of its division among intellectual, moral, and aesthetic aspects. This threefold reduction, finding its derivation in the critical work of Aristotle, Auerbach, and Bowen, is also related to the few particular and the important general critical studies of Montaigne and his vision and use, creation and re-creation of language. (shrink)

Epistemic decision theorists aim to justify Bayesian norms by arguing that these norms further the goal of epistemic accuracy—having beliefs that are as close as possible to the truth. The standard defense of Probabilism appeals to accuracy dominance: for every belief state that violates the probability calculus, there is some probabilistic belief state that is more accurate, come what may. The standard defense of Conditionalization, on the other hand, appeals to expected accuracy: before the evidence is in, one should expect (...) to do better by conditionalizing than by following any other rule. We present a new argument for Conditionalization that appeals to accuracy‐dominance, rather than expected accuracy. Our argument suggests that Conditionalization is a rule of coherence: plans that conflict with Conditionalization don't just prescribe bad responses to the evidence; they also give rise to inconsistent attitudes. (shrink)

In this article, we consider two independently appealing theories—the Growing-Block view and Humean Supervenience—and argue that at least one is false. The Growing-Block view is a theory about the nature of time. It says that past and present things exist, while future things do not, and the passage of time consists in new things coming into existence. Humean Supervenience is a theory about the nature of entities like laws, nomological possibility, counterfactuals, dispositions, causation, and chance. It says that none of (...) these entities are fundamental, since if they were, this would entail the existence of irreducible necessary connections between matters of fact. Instead, these entities supervene on a fundamental, non-nomological ‘Humean mosaic’ of property instances at spacetime points. We will further explain and motivate the Growing-Block view and Humean Supervenience in Sects. 2 and 3, but first, we turn to our master argument. (shrink)

Gender discrimination and sexual harassment of female police officers by their male counterparts remain areas of liability where police departments appeared to have failed to effectively confront the nagging issues. However, the appreciable level of research conducted on these issues in the global North has not been matched by the South, where issues bordering on sexual violence have cultural underpinnings. Drawing from the case of the Nigeria Police Force, feminist analysis was used to explore the lived reality of 43 female (...) officers in a qualitative study. Participants expressed distress in abiding by structural discriminatory regulations against female officers which include non-admittance of married women into the force, forbidding unmarried officers from getting pregnant, and a stipulated minimum of three-year work period before a female officer can marry. Findings also indicated that participants suffer a variety of sexual harassment, intimidation, and, violence from their male colleagues, while they feel constrained in reporting their victimization. Important policy and practical implications requiring the Nigerian police to address hegemonic masculinity and promote gender equality were provided. (shrink)

I discuss two problems for the standard Anglo-American account of recklessness, and the distinctions between intention, recklessness, and negligence. One problem concerns the over-breadth of recklessness as thus defined—that it covers agents whose actions display different kinds of culpability. The other problem concerns the importance attached to awareness of risk in distinguishing recklessness from negligence—that one who is unaware of the risk that he takes or creates sometimes displays just the same kind of fault as an advertent risk-taker. We can (...) work towards solutions to these problems by contrasting the Anglo-American schema with the German schema: this distinguishes intention from negligence. Dolus eventualis, properly understood, constitutes a distinctive kind of fault, which should be distinguished from advertent negligence within the category of what the Anglo-American schema counts as recklessness: this helps to solve the first problem, of over-breadth. As for the second problem, we can see why the difference between advertent and inadvertent risk-taking is not always normatively significant by noticing that an agent’s failure to realise the risk he is creating can itself display a significant fault in the structure of the practical reasoning that informs his action—just the same kind of fault as that displayed by an advertent risk-taker. The upshot of this discussion is a new schema of types of criminal fault; I finally note some problems with the practicability of such a new schema. (shrink)

On the basis of a communicative theory of criminal punishment, I show how mercy has a significant but limited role to play in the criminal law—in particular (although not only) in criminal sentencing. Mercy involves an intrusion into the realm of criminal law of values and concerns that are not themselves part of the perspective of criminal law: a merciful sentencer acts beyond the limits of her legal role, on the basis of moral considerations that conflict with the demands of (...) penal justice. Sometimes, however (but in a decent system of law in a decent society, rarely), that is how citizens should act. Finally, I discuss, and criticise, two attempts to find a place for mercy within a communicative conception of punishment, and argue that repentance is not an appropriate ground for leniency or mercy in sentencing. (shrink)

We show that five important elements of the ‘nomological package’— laws, counterfactuals, chances, dispositions, and counterfactuals—needn’t be a problem for the Growing-Block view. We begin with the framework given in Briggs and Forbes (in The real truth about the unreal future. Oxford studies in metaphysics. Oxford University Press, Oxford, 2012 ), and, taking laws as primitive, we show that the Growing-Block view has the resources to provide an account of possibility, and a natural semantics for non-backtracking causal counterfactuals. We show (...) how objective chances might ground a more fine-grained concept of feasibility, and furnished a places in the structure where causation and dispositions might fit. The Growing-Block view, thus understood, provides the resources to explain the close link between modality and tense, so that it predicts modal change as time passes. This account lets us capture not only what the future might hold for us, and also what might have been. (shrink)

First paragraph: Some reasons for action are relational. I have a relational reason to Φ when I have reason to Φ in virtue of a relationship in which I stand, or a role that I fill; absent that relationship or that role I would not have that reason to Φ ; others who do not stand in that relationship or fill that role do not have that reason to Φ . I have a relational reason to feed this child -- (...) that he is my child: absent that parental relationship, I might still have a reason to feed him, as might others who are not his parents -- for instance that he is starving; but absent that relationship, I would not have and others cannot have that specific relational reason to feed this child. I have a relational reason to respond to this person's philosophical queries -- that she is my student: absent that pedagogical relationship, I might still have reason to respond to her questions, as might others who are not her teachers -- for instance that it is good to help such seekers after philosophical insight; but absent that relationship, I would not have and others cannot have that specific relational reason to respond to her queries. I have relational reason to pay John ￡10 -- that I borrowed it from him and promised to repay him today: absent that promissory relationship I might still have, and others might have, reason to give him ￡10 -- for instance that he is impoverished and I am (or they are) rich; but absent that promissory relationship, neither I nor others could have that specific relational reason to give him ￡10. (shrink)

The fourth volume in the Criminalization series, this volume explores some of the most general principles and theories of criminalization. It includes not only philosophical work, but also historical, legal, and sociological investigations into criminalization, clarifying the state of the discipline today.

I am interested in extending modal calculi by adding propositional quantifiers, given by the rules for quantifier introduction: provided that p does not occur free in A.

This collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the proper (...) scope of the criminal law, for example how far should it include offences of possession, or endangerment? If it should punish only wrongful conduct, how can it justly include so-called 'mala prohibita', which are often said to involve conduct that is not wrongful prior to its legal prohibition? Other issues concern the ways in which crimes should be classified. Can we make plausible sense, for instance, of the orthodox distinction between crimes of basic and general intent? Should domestic violence be defined as a distinct offence, distinguished from other kinds of personal violence? Also examined are the ways in which specific offences should be defined, to what extent those definitions should identify distinctive types of wrongs, and the light that such definitional questions throw on the grounds and structures of criminal liability. Such issues are discussed in relation not only to such crimes as murder, rape, theft and other property offences, but also in relation to offences such as bribery, endangerment and possession that have not traditionally been subjects for in depth theoretical analysis. (shrink)