Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. Yaffe's clear account of what it is to try to do something promises to resolve the difficulties courts face in the adjudication of attempted crimes.

This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive. Such an approach involves paying detailed (...) attention to cases. The book is also unusual in that it grapples with English, Scots and US law, showing great breadth of research as well as philosophical sophistication. This is a work which is likely to become a seminal study and a major contribution to the study of law and legal philosophy. (shrink)

It is argued that the main problem with "the problem of the direction of time" is to figure out what the problem is or is supposed to be. Towards this end, an attempt is made to disentangle and to classify some of the many issues which have been discussed under the label of 'the direction of time'. Secondly, some technical apparatus is introduced in the hope of producing a sharper formulation of the issues than they have received in the philosophical (...) literature. Finally, some tentative suggestions about the central issues are offered. In particular, it is suggested that entropy and irreversibility are much less crucial to the central issues than most philosophers would have us believe. This suggestion is not made because of any firm conviction of its correctness but rather because it helps to focus the discussion on some basic but long neglected assumptions which underlie traditional approaches. (shrink)

Deviant causal chain problems arise in many settings. The most famous instance of the problem is the Gettier problem, but the problem also arises in the philosophy of action and perception. Usually, attempts to tackle these problems try to solve them individually. This paper takes a different approach: I propose a general solution to the problem. I begin by providing a solution to the deviant causal chain problem for skillful performance, and I argue that the solution can be extended (...) to solve the Gettier problem and the deviant causal chain problems for perception and intentional action. As I develop my solution to these problems, I also compare it with other solutions to bring out the advantages of my approach. I then explain why the solution generalizes: my solution provides us with an analysis of disposition manifestation, which is the key to ruling out deviance. I conclude by considering objections and giving my replies. (shrink)

Attempting art: an essay on intention-dependenceIt is a truism among philosophers that art is intention-dependent—that is to say, art-making is an activity that depends in some way on the maker's intentions. Not much thought has been given to just what this entails, however. For instance, most philosophers of art assume that intention-dependence entails concept-dependence—i.e. possessing a concept of art is necessary for art-making, so that what prospective artists must intend is to make art. And yet, a mounting body of anthropological (...) and art-historical evidence and philosophical argument suggests that not only is such a criterion unsatisfied by most of the art-historical canon, but it also rests on a false premise: concepts of 'art' are not shared between cultures, nor even in the same culture across time. My dissertation aims to rectify this error by first exploring what our commitment to art's intention-dependence actually entails, and then showing that, properly understood, intention-dependence sets a number of important constraints on theories of art with respect to explanatory desiderata such as the success- and failure-conditions of art-attempts, the cross-cultural identification of art, and the reference of 'art' and art-kind terms. I begin by situating art's intention-dependence in the philosophical literature on intentional action, arguing that, properly conceived, intention-dependence is a weak criterion which can be satisfied either directly or indirectly. It therefore does not necessarily entail concept-dependence. I then use this distinction to motivate a new treatment of the success- and failure-conditions for art-attempts, arguing that the extant model's emphasis on compliance with 'the manner intended' is far too restrictive to capture actual artistic practices. I go on to show that Ruth Millikan's model of linguistic conventions supplies an independently plausible explanation of art's concept-independent origins in terms of the development of a system of indirectly intention-dependent conventions called an 'artworld'. I argue that this account of artworld development supplies us with the tools we need to distinguish art-kinds from other artifactual kinds. Finally, I turn my attention to methodological issues, arguing that even though 'art' is a social kind with its roots in arbitrary and historically-contingent networks of conventions, the philosophy of art is not merely an exercise in bare conceptual analysis. In fact, there is now a great deal of evidence to show that the ways we think about 'art' are inconsistent, incomplete, imperialistic, and largely unprincipled. Yet I argue that this does not mean that the artworld data have no bearing on theories of art. Instead, I argue that our best reflective understanding of our artworld practices sets the constraints on the reference of 'art' and art-kind terms. I argue that we have no privileged epistemic access to the ontology of social kinds; our only privilege lies in our ability to determine the proper subject of our inquiries. (shrink)

In most penal systems, success is punished more than failure. For example, murder is punished more severely than attempted murder. But success or failure is often determined by luck. It thus appears that punishment is allotted on the basis of arbitrary factors. The problem of criminal attempts is the question of how to best resolve this apparent tension. One particularly sophisticated attempt at resolution, first developed by David Lewis, holds that such differential punishment is not unjust when understood as (...) a natural penal lottery. What is most interesting about this view is that it does not appear to involve a commitment to resultant moral luck. I argue that the natural penal lottery fails to deliver justice. Upon analysis, it carries the same implication that it sought to avoid—namely, a commitment to resultant moral luck. I then argue that there can be, in principle, no penal lottery that delivers justice, natural or otherwise. (shrink)

This paper reports some attempts undertaken in Poland in the 1930s to modernize Thomism by means of modern logic. In particular, it concerns J.M. Bocheński and J. Salamucha, the leading members of the CracowCircle. They attempted to give precise logical form to the Five Ways of Thomas Aquinas. Other works concerned the concept of transcendentals, the levels of abstraction, and the concept of essence.

This paper reports some attempts undertaken in Poland in the 1930s to modernize Thomism by means of modern logic. In particular, it concerns J.M. Bocheski and J. Salamucha, the leading members of the CracowCircle. They attempted to give precise logical form to the Five Ways of Thomas Aquinas. Other works concerned the concept of transcendentals, the levels of abstraction, and the concept of essence.

The Attempt at a Critique of All Revelation was the first published work of Johann Gottlieb Fichte, the founder of the German idealist movement in philosophy. It predated the system of philosophy which Fichte developed during his years in Jena, and for that reason - and possibly also because of its religious orientation - later commentators have tended to overlook the work in their treatments of Fichte's philosophy. It is, however, already representative of the most interesting aspects of Fichte's thought. (...) It displays an affinity with his later moral psychology, introduces Fichte's distinctively 'second-person' conception of moral requirements, and employs the 'synthetic method' which is crucial to the transcendental systems Fichte developed during his Jena period. This volume offers a clear and accessible translation of the work by Garrett Green, while an introduction by Allen Wood sets the work in its historical and philosophical contexts. (shrink)

이 글의 시발점은 해러웨이에게 ‘사이보그 페미니즘’의 상상력을 제공했던, 70년대 페미니스트 SF에 대한 관심이었다. ‘소년들의 과학적 오락물’이라는 게토에서 출발한 SF가 페미니스트 문학의 대안적 서사 전략, 새로운 페미니스트 정치학의 단초가 되기까지, 여성작가들은 장르적 관습에 부응하여 글을 쓰고 또 그것을 변형하면서 활용해 왔다. 이 글은 70년대 그가 사실은 앨리스 셸던(Alice B. Sheldon)이라는 중년여성이었다는 사실이 밝혀지기 전까지, ‘남성적 스타일’로 사랑받았던 ‘제임스 팁트리 주니어(James Tiptree, Jr.)’를 읽어 보려고 한다. 팁트리 주니어는 지금 페미니스트 SF의 대표작가 중 하나다.BR ‘남성적 스타일’과 ‘페미니스트 SF’라는 평가 사이에 놓인 팁트리 주니어의 (...) SF를 읽으면서, 먼저 장르적 글쓰기와 젠더의 관계에 대해, 글을 쓰는 몸의 성(sex)과 쓰여진 텍스트 스타일에 대한 젠더적 평가 사이의 관계에 대해 생각해 보려고 한다. 이것은 팁트리의 글쓰기 양식(style)에 대한 분석이자, 그의 SF가 보여준 세계관과 페미니스트 상상력에 대한 분석이기도 하다. 또한 조금 뒤늦게 앨리스 셸던의 또 다른 분신으로 등장한 라쿠나 셸던(Raccoona Sheldon)의 SF를 팁트리 주니어의 것과 비교하면서, 젠더 정체성의 경계에 대해, 그리고 글쓰기를 통한 ‘젠더하기(performing gender)’에 대해 살펴 볼 것이다. 이를 통해, 팁트리의 SF는 해러웨이가 주장하는 ‘사이보그 글쓰기’의 한 사례가 될 수 있다는 사실이 드러날 것이다. 해러웨이에게 SF는 정치적 의미와 지향을 담은 글쓰기로, 미래를 향하지만 지금을 성찰하는 도구로 이해된다. 그녀는 페미니스트 SF를 위계적 이분법을 교란하고 정체성의 경계를 문제 삼는 새로운 페미니스트 정치학의 ‘사이보그 테크놀로지’로 받아들인다. 팁트리의 글쓰기는 자연과 문화의 관계를 재설정하고 ‘자연의 재발명’을 상상한다는 점에서, 그리고 또 주체와 타자 사이의 경계를 물으며 이분법적 질서를 교란한다는 점에서, 해러웨이가 말하는 사이보그 글쓰기의 실천으로 읽을 수 있다. (shrink)

시몽동은 생성과 존재를 결합하는 존재론적 기획 속에서 인간과학의 기초를 세우고자 한다. 선험적 주관을 거부하는 생성적 존재론에서 인간과학의 정당성근거를 도출하는 것은 특이하고도 모험적인 시도이다. 시몽동은 우선 에너지학과 정보이론의 기초 위에서 인간과 사회의 역동적 과정을 설명하는 ‘인간적 에너지학’이라는 개념을 확립한다. 그에게 인식은 존재의 발생과 동시적이고 따라서 인간과학의 정초의 정당성근거는 발생적 근거로 연결된다. 시몽동은 기술철학 저서에서 인간이 마술적 세계로부터 기술성을 통해 점차 스스로를 객관화해 온 과정을 서술한다. 이는 기술공학을 통한 인간과학의 통일성의 재조직화라는 문제로 이어진다. 오늘날 인간의 거부할 수 없는 존재조건이 된 기술적 우주에서 (...) 우리는 기술, 자연, 인간의 새로운 관계맺음을 시도할 수밖에 없다. 시몽동에 의하면 기술적 대상이 개체와 사회를 넘어서는 인간집단의 개체초월적 관계를 통해 이러한 소통과 관계맺음을 가능하게 할 수 있다. (shrink)

The notion of aesthetic experience attempts to account for an important part of human experience and, although it embraces an immense and multifaceted variety, the complexity and vagueness of which have been an authentic challenge to its definition (to the point that some suggest its conceptual uselessness), it is still crucial and decisive for an entire philosophical discipline: aesthetics-which is not to be confused with the philosophy of art, although it often intersects with it. This chapter considers the case (...) of the city-which is not so much an object as a multifaceted and fragmented environment where aesthetic experiences can occur-in order to attempt to elucidate (or at least to make a contribution to the elucidation of) the meaning and scope of this philosophical topic. (shrink)

Courts and commentators have struggled for years to identify rules to explain and justify certain widely-shared intuitions about impossibility attempts, and they have proposed rules variously based upon (1) what mistakes actors make, (2) what intentions actors possess, and (3) what conduct actors perform. None of the proposals fully succeeds, however, and none is able to explain the widely-shared intuition, which underlies Sandy Kadish's inventive hypothetical regarding Mr. Law and Mr. Fact, that some attempts based upon mistakes of (...) law are just as blameworthy as attempts based upon mistakes of fact. I propose an alternative rule that, I believe, not only explains where and why people possess widely-shared intuitions regarding impossibility attempts (including regarding Mr. Law and Mr. Fact), but also explains where and why people have conflicting intuitions. I argue that widely-shared intuitions of blameworthiness and non-blameworthiness regarding impossibility attempts are a function, respectively, of whether informed citizens of the jurisdiction that enacted the statutory offense that the defendant allegedly attempted to commit widely believe or disbelieve that he would have been a threat to interests that the statute seeks to protect - a determination, in turn, that is a function of whether they widely believe or disbelieve that he would have committed the offense under counterfactual circumstances that they fear could have obtained. (shrink)

Sometimes speakers try to lie and inadvertently assert something true. Subjectivists about lying hold that such speakers are lying despite telling the truth. Objectivists hold that such speakers are not lying: they try to lie but fail. The first aim of this paper is to point to novel cases supporting subjectivism that do not involve speakers inadvertently asserting something true. Its second aim is to use these and other cases to explore the distinction between lying and trying to lie. Which (...) factors can thwart an attempt at lying? In which situations do we judge that a speaker has tried to lie but failed? Attending to these questions not only offers insights into the act of lying, but also helps to scrutinise the objectivist strategy of explaining away intuitions about apparent cases of lying while telling the truth. (shrink)

Most empirical studies of corporate social responsibility (CSR) focus on variables at the company level. In this article, I focus on the sector level: I consider features of the international clothing business and of the global economy in general, that may influence the CSR potential. There is high ‘CSR potential’ when sector-specific features indicate that the risk of violating CSR standards is high. Thus, ‘high CSR potential’ indicates that there is a potential for positive influence through CSR-related actions. Based on (...) several empirical studies of the clothing business, I identify six features that indicate a high CSR potential. These features are shown to be consistent with more general features of the global economy. This holds whether we emphasize asymmetric relations and unequal distribution, the product cycle, or transnationalization. Thus, the CSR potential of the international clothing business seems not only to be a product of sector-specific properties, but also of more systemic and general features of the global economy. This suggests that the CSR performance of individual companies may enhance their social and environmental impact, but will probably have little effect on the features that determine the CSR potential. In order to affect these features I argue, we rely on other institutions to act – mainly governments. Finally, I conclude that this study shows that it is useful to identify the CSR potential of a business sector. We get a picture of which part of the international CSR standards companies run the greatest risk of violating and of which structural issues intergovernmental actions should address to reduce the potential for violating CSR standards. (shrink)

Third in a cognitive science series, this peer-reviewed textbook critically surveys historical, current and futuristic attempts to expand the human mind. Areas covered include artificial intelligence, health and medicine, mystical experiences and spirituality, eugenics, brain-computer interfaces, Eastern versus Western psychological approaches and brain studies, virtual reality and implants. The book covers key philosophical, psychological and practical issues.

I consider a problem for Kant’s transcendental idealism if one construes it as a claim that human beings know from a particular, human perspective. Namely: ordinarily, when we speak someone seeing from a perspective, we understand other people to have other perspectives, and think that people can change their perspectives by moving away from them, to a different one. So one may recognize that one’s own perspective is a perspective: by comparing to others, by seeing a former perspective from a (...) new vantage point. But Kant denies such plurality and variability for his human cognitive perspective. Thus one may worry that Kant’s view is incoherent: Kant claims that we can know only from one perspective, yet, in order to recognize that perspective as such, he himself must stand "outside" of it. I consider a potential Kantian response to this charge, by way of interpreting the Dialectic of the first Critique. When one attempts to know things that lie beyond experience, one attempts to exit the human perspective; in the Dialectic, Kant argues that in doing so, one falls into contradictions and empty thinking. These failed attempts, I suggest, allow human knowers (and Kant describing them) to recognize the human perspective as such – by taking up a different vantage point, as it were – but also, as failures, do not constitute a true alternative to the universally shared, necessary human cognitive perpsective. So, I propose, can one interpret Kant’s claim in the B Preface to the Critique of Pure Reason that the Dialectic is a confirming result – a “splendid touchstone” -- in an a priori experiment: it is an experimental, failed attempt to exit the human perspective. (shrink)

Couples should not be allowed to select either for or against deafnessRecently, a US couple deliberately attempted to ensure the birth of a deaf child via artificial insemination.1 In opposing this action, I wish to focus on one argument they employ to support it, namely that in trying to have a deaf child, the women see themselves as no different from parents trying to have a girl. Girls can be discriminated against the same as deaf people and “black people have (...) harder lives”, one of them argues. They compare themselves to a minority group.2In using this argument to justify their attempt to secure the birth of a deaf child, they make four claims: It is not wrong to deliberately try to have a child who is expected to experience harm when the harms the child will experience are socially imposed. As a group experiencing socially imposed harms, the deaf are to be understood as a minority group. Women and people of colour also experience social harms, and are to be understood as minority groups. Because the deaf, women, and people of colour are all groups experiencing socially imposed harms, distinctions should not be made between attempts to have a child who will be a member of one of these groups.In reply, I will advance two arguments. First, I will argue that this couple’s decision is inherently just. Here I will acknowledge that this couple’s position draws a great deal of strength from its appeal to the experiences of women. My second argument will contend, however, that despite the reasonableness of this choice, the intentional selection of deaf children is indefensible. Granting this couple’s contestable assertion that the deaf ought to be understood as a minority cultural group, allowing individuals to secure the birth of deaf …. (shrink)

The Attempt at a Critique of All Revelation was the first published work of Johann Gottlieb Fichte, the founder of the German idealist movement in philosophy. It predated the system of philosophy which Fichte developed during his years in Jena, and for that reason - and possibly also because of its religious orientation - later commentators have tended to overlook the work in their treatments of Fichte's philosophy. It is, however, already representative of the most interesting aspects of Fichte's thought. (...) It displays an affinity with his later moral psychology, introduces Fichte's distinctively 'second-person' conception of moral requirements, and employs the 'synthetic method' which is crucial to the transcendental systems Fichte developed during his Jena period. This volume offers a clear and accessible translation of the work by Garrett Green, while an introduction by Allen Wood sets the work in its historical and philosophical contexts. (shrink)

Contemporary philosophers have overall studied intentional actions that agents attempt to perform in the world. However, logicians of action have tended to neglect the intentionality proper to human action. I will present here the basic principles and laws of a logic of action where intentional actions are primary as in contemporary philosophy of action. In my view, any action that an agent performs unintentionally could in principle have been attempted. Moreover any unintentional action of an agent is an effect of (...) intentional actions of that agent. So my logic of action contains a theory of attempts. As Belnap pointed out, action, branching time and historic modalities are logically related. There is the liberty of voluntary action. I will then work out a logic of action that is compatible with indeterminism. In classical philosophical logic, propositions with the same truth-conditions are identified. However it is clear that strictly equivalent propositions are not the contents of the same attitudes of human agents. For that reason I will first present a non-classical propositional logic capable of distinguishing the contents of intentional actions which are different. Next I will enrich earlier logics of action so as to characterize adequately intentional actions, attempts and purposes of agents and the different kinds of generation of action. I will state the basic laws of agentive commitment and action generation. (shrink)

Management has the opportunity to promote self-serving accounting practices, such as earnings management, when management can effectively avoid oversight by the audit committee. This article investigates the effects of financial knowledge and dispositional trust on the ability of audit committee members to recognize management attempts to avoid full disclosure to the board and potentially deceive board members. The results of a controlled laboratory experiment with 40 experienced audit committee member participants indicate that: Audit committee members with less financial knowledge (...) are more likely to accept insufficient client explanations for accounting judgments than are more knowledgeable audit committee members; Audit committee members with less financial knowledge are more likely to reject sufficient client explanations for accounting judgments than are more knowledgeable audit committee members; and Audit committee members that place higher levels of trust in others are more likely to accept insufficient client explanations for accounting judgments than are less trusting committee members. (shrink)

The Attempt at a Critique of All Revelation was the first published work of Johann Gottlieb Fichte, the founder of the German idealist movement in philosophy. It predated the system of philosophy which Fichte developed during his years in Jena, and for that reason - and possibly also because of its religious orientation - later commentators have tended to overlook the work in their treatments of Fichte's philosophy. It is, however, already representative of the most interesting aspects of Fichte's thought. (...) It displays an affinity with his later moral psychology, introduces Fichte's distinctively 'second-person' conception of moral requirements, and employs the 'synthetic method' which is crucial to the transcendental systems Fichte developed during his Jena period. This volume offers a clear and accessible translation of the work by Garrett Green, while an introduction by Allen Wood sets the work in its historical and philosophical contexts. (shrink)

The subject of this paper is the meaning and significance of habit formation, or habituation, in Aristotle’s Nicomachean Ethics. According to Aristotle, ethics is an intellectual activity that helps an individual become a good person. Moreover, habituation is essential for becoming a good person. Aristotle believes that habituation, which helps us become good people, is possible by making “actions in accordance with virtues” our habits. Habituation is a keystone concept in Aristotle’s ethics. However, contrary to the importance given to the (...) concept of habituation, Aristotle’s remarks on habituation are curiously poor and fragmentary. Several researchers have been baffled by this contradiction and have produced different perplexing interpretations. This paper attempts to shed light on Aristotle’s views on the path to virtue from a new perspective by clarifying three points: 1. According to Aristotle, habituation is something that adults with life experience should attempt to overcome their vices. 2. The “action” that constitutes the substance of habituation is the trial and error through which the learner achieves his or her own “middle point” (i.e., virtue), without following ready-made examples. 3. The reason Aristotle did not offer an in-depth explanation of this issue is that the hard work of habituation is already a “virtuous” and “noble” action in and of itself. (shrink)

This paper investigates the possibility of identifying various ecodomical or constructive possibilities which have the potential to ideologically transform the world at a global scale in the sense that they can promote a set of ideas with positive connotations in dealing with the extremely complex issue of religion. Whether religion is good or bad, positive or negative has nothing to do with this article’s basic methodology which seeks to isolate various theoretical attempts aimed at approaching the issue of religion (...) through a common denominator. For this paper, this common denominator is the human being and, by association, the notion of goodness which will be used in order to demonstrate that, concerning religion, it can provide not only a theoretical framework for positive discussions about religion but also an ecodomic possibility whereby humanity can transform the world into a safer environment for persons of all races and convictions. Four such ecodomical attempts to use the notion of goodness will be analyzed in connection with the reality of religion: John Shelby Spong who promotes goodness in order to free society of religion so for him religion is useless, Ion Bria for whom goodness cannot be detached from religion so religion is vital, Vito Macuso whose conviction is that goodness exists with or without religion so religion is neutral, and Desmond Tutu who believes that goodness can turn religion, any religion for that matter, in a positive reality, so in his understanding religion is positive. (shrink)

It’s generally assumed that, if an agent x acts by ϕ-ing, then there occurs an event which is x’s ϕ-ing. But what about when an agent tries to do something? Are there such things as attempts? The standard answer is ‘Yes’. But in a series of articles, and now a book, David-Hillel Ruben has argued that the answer is ‘No’: what happens when x tries to ϕ isn’t that an attempt occurs; rather, what happens is simply that a certain (...) subjunctive conditional fact obtains; x tries to ϕ just in case, had all the necessary conditions for success obtained, x would have intentionally ϕ-ed. I defend the existence of attempts. Following Ruben, I frame the issue in terms of the logical form of trying sentences. Against Ruben’s view that such sentences express subjunctive conditionals, I argue that they express existential quantifications over attempts qua events. Thus, trying sentences are true only if attempts qua events exist. (shrink)

The fact of evil has worried theists for a long time. The earliest clear statement of this worry is perhaps to be found in the book of Habbakuk: (i, 13). More precisely formulated, it comes to this: if God is good and omnipotent, why evil ? From his goodness it would follow necessarily that he does not will evil and from his omnipotence that he could prevent it; why then should it occur? Theists have attempted to escape from this dilemma (...) by means of an argument which turns on the claim that human beings are, to some degree at any rate, free to choose and act as they will. They are free to do good or evil; frequently they choose the latter and that is why evils, or at least many of them, occur. This human freedom, however, is a necessary condition of personality and, as such, a great good; so it is perfectly consistent with the goodness of God that he should will it. But what of his omnipotence? The point of the argument is that God has to allow those evils which result from men making evil choices, and this certainlylooks, at first blush, like a limitation of his power. But, we are assured,it is not really a limitation because all it amounts to is that God cannot do the logically impossible, viz., make beings who, at one and the same time, are both free to do what they will and pre-determined to do good.To deny that God can do the logically impossible, of course, is not to den his omnipotence; it is merely to point out that there are some things which it would not make sense to say that he had done. (shrink)

This paper explores Saidiya Hartman's undertheorized account of 'redress' in conversation with the extensive uptake of her work on Black fungibility, subjection, and critiques of emancipation. Although Hartman uses the term in nearly all of her writing, little work has been done to clarify how Hartman conceptualizes redress as a response to the constitution of Black lives as abstract, exchangeable, and disposable. This paper offers an account of how Hartman theorizes redress, showing how it both resists, and acts as a (...) mechanism for, the constitution of Blackness as fungible. Consequently, I argue that Hartman's readers fundamentally skew her thinking in divorcing redress from her other key concepts. (shrink)