This chapter contains sections titled: I Introduction II One Preliminary III Adaptationist Theories IV Punishment Theories V Commitment Signaling VI Group Selection V Conclusion Notes References.

This chapter contains sections titled: * I Introduction * II One Preliminary * III Adaptationist Theories * IV Punishment Theories * V Commitment Signaling * VI Group Selection * V Conclusion * Notes * References.

Rules serve many important functions in society. One such function is to codify, and make public and enforceable, a society's desired prescriptions and proscriptions. This codification means that rules come with predefined punishments administered by third parties. We argue that when we look at how third parties punish rule violations, we see that rules and their punishments often serve dual functions. They support and help to maintain cooperation as it is usually theorized, but they also facilitate the domination of (...) marginalized others. We begin by reviewing literature on rules and third-party punishment, arguing that a great deal of punishment research has neglected to consider the unique power of codified rules. We also argue that by focusing on codified rules, it becomes clear that the enforcement of such rules via third-party punishment is often used to exert control, punish retributively, and oppress outgroup members. By challenging idealized theory of rules as facilitators of social harmony, we highlight their role in satisfying personal punishment motives, and facilitating discrimination in a way that is uniquely justifiable to those who enforce them. (shrink)

The problem of moral compliance is the problem of explaining how moral norms are sustained over extented stretches of time despite the existence of selfish evolutionary incentives that favor their violation. There are, broadly speaking, two kinds of solutions that have been offered to the problem of moral compliance, the reciprocity-based account and the punishment-based account. In this paper, I argue that though the reciprocity-based account has been widely endorsed by evolutionary theorists, the account is in fact deeply implausible. (...) I provide three arguments that suggest that moral norms are sustained by punishment, not reciprocity. But in addition to solving the problem of moral compliance, the punishment-based account provides an additional important theoretical dividend. It points the way for how theorists might build an evolutionary account of a feature of human groups that has long fascinated and troubled social scientists and moral philosophers – the existence of moral diversity. (shrink)

In the United States, convicted offenders frequently lose the right to vote, at least temporarily. Drawing on the common observation that citizens of color lose democratic rights at disproportionately high rates, this chapter argues that this punishment is problematic in non-ideal societies because of the way in which it diminishes the political power of marginalized groups and threatens to reproduce patterns of domination and subordination, when they occur. This chapter then uses the case of penal disenfranchisement to illustrate (...) how idealized discussions of deterrence, rehabilitation, and retribution often ignore the relationship between punishment and social/political power, and thus systematically obscure morally significant aspects of our broader penal practices. (shrink)

In this chapter, we will explore how COVID-19 has made us collectively vulnerable to illness and death, although marginalized and minority communities have been particularly hard hit. In stark fashion, the pandemic has shown us that as a discipline, bioethics can no longer engage in business as usual but instead needs to be reimagined. We explore two conceptions that will help explore how this collective vulnerability has occurred with COVID-19, and how the change that occurs often is not sustainable or (...) truly “ethical”. The first is Rawl’s “veil of ignorance” and the second is Derrick Bell’sBell, Derrick “interest convergence” theory, which posits that at some points in a movement, things are only good because the party with power has an agenda that aligns or “converges” with the non-dominant group, but not because there is actual moral agreement. Although these theories are largely descriptive, Heckler and Mackey’s novel theory on interest cognizance suggests that there are normative ways in which a movement becomes sustainable because there is not just superficial “buy-in” but actual moral agreement. From that analysis, we posit a path forward for bioethics that goes beyond traditional principles and incorporates novel considerations such as connectivity. Given global warming and other looming catastrophes, including possible future pandemics, such a reimagining is necessary in order to move forward in the face of extreme global vulnerability. (shrink)

Knowledge, Nature, and the Good brings together some of John Cooper's most important works on ancient philosophy. In thirteen chapters that represent an ideal companion to the author's influential Reason and Emotion, Cooper addresses a wide range of topics and periods--from Hippocratic medical theory and Plato's epistemology and moral philosophy, to Aristotle's physics and metaphysics, academic scepticism, and the cosmology, moral psychology, and ethical theory of the ancient Stoics.Almost half of the pieces appear here for the first time or (...) are presented in newly expanded, extensively revised versions. Many stand at the cutting edge of research into ancient ethics and moral psychology. Other chapters, dating from as far back as 1970, are classics of philosophical scholarship on antiquity that continue to play a prominent role in current teaching and scholarship in the field. All of the chapters are distinctive for the way that, whatever the particular topic being pursued, they attempt to understand the ancient philosophers' views in philosophical terms drawn from the ancient philosophical tradition itself.Through engaging creatively and philosophically with the ancient texts, these essays aim to make ancient philosophical perspectives freshly available to contemporary philosophers and philosophy students, in all their fascinating inventiveness, originality, and deep philosophical merit. This book will be treasured by philosophers, classicists, students of philosophy and classics, those in other disciplines with an interest in ancient philosophy, and anyone who seeks to understand philosophy in philosophical terms. (shrink)

This article analyses a hitherto neglected problem at the transition from ideal to non‐ideal theory: the problem of knowledge. Ideal theories often make idealising assumptions about the availability of knowledge, for example knowledge of social scientific facts. This can lead to problems when this knowledge turns out not to be available at the non‐ideal level. Knowledge can be unavailable in a number of ways: in principle, for practical reasons, or because there are normative reasons (...) not to use it. This can make it necessary to revise ideal theories, because the principle of ‘ought implies can’ rules out certain theories, at least insofar as they are understood as action‐guiding. I discuss a number of examples and argue that there are two tendencies that will increase the relevance of this problem in the future: the availability of large amounts of sensitive data whose use is problematic from a normative point of view, and the increasing complexity of an interrelated world that makes it harder to predict the effects of institutional changes. To address these issues, philosophers need to cooperate with social scientists and philosophers of the social sciences. Normative theorising can then be understood as one step in a long process that includes thinkers from different disciplines. Ideal theory can respond to many of the charges raised against it if it is understood along these lines and if it takes the problem of knowledge and its implications seriously. (shrink)

Photo by Tingey Injury Law Firm on Unsplash ABSTRACT The coverage of healthcare costs allegedly brought about by people’s own earlier health-adverse behaviors is certainly a matter of justice. However, this raises the following questions: justice for whom? Is it right to take people’s past behaviors into account in determining their access to healthcare? If so, how do we go about taking those behaviors into account? These bioethical questions become even more complex when we consider them in the context of (...) a commitment to publicly funded, universal healthcare coverage. INTRODUCTION Healthcare coverage of lifestyle-related conditions is certainly a matter of justice. However, this raises the following justice-related question: Is it right to consider people’s past behaviors in determining their access to healthcare? If so, the methods of taking those behaviors into account must be fair and justifiable. This bioethical question becomes even more complex when we consider it in the context of a commitment to publicly funded, universal healthcare coverage. This paper takes an old, classic debate, evaluates newer approaches, and offers an argument favoring a combined approach which alters the liberal-egalitarian solution to account for social justice. ANALYSIS l. Causes of Disease If healthcare coverage were universal, irrespective of socioeconomic status and lifestyle, people would contribute to the cost of remedying the lifestyle-induced health problems of others. In the West, lifestyle-related diseases are burdensome.[1] This paper approaches this concern from a western lens that incorporates both a European tradition of “social safety nets” and an American tradition of personal freedoms. By taking such an approach, solutions to the consequences of one’s past behavior burdening others must consider an individual’s personal freedom to choose to act as he or she wishes, with the distributive social and economic equality of the many. The concept of disease caused by lifestyle and diet is proven. Many health conditions include behavioral risk factors. Multi-pack smoking increases the risk of chronic lung disease, while obesity increases the risk of type 2 diabetes. Inattention to high blood pressure, high cholesterol, and a lack of exercise leads to increased risks of coronary artery disease.[2] While poor lifestyle choices certainly influence these conditions, their causes are multifactorial, and it is difficult to say that any single string of poor choices led to their development. In a scenario where two men excessively eat fast food for 20 years, several discrete factors impact whether any of them might suffer an ischemic-embolic stroke or not. Genetics, circumstances, and activity will also contribute to outcomes. ll. Alcohol-Related End-Stage Liver Disease One paper suggests that alcohol-related end-stage liver disease (ARESLD) differs from other multifactorial disorders as alcohol alone causes the disease.[3] It justifies attributing personal responsibility to patients with ARESLD because the condition develops only after the cumulative effects of large quantities of alcohol consumed from years to decades.[4] However, the paper undermines its position by admitting that even the susceptibility to becoming an alcoholic has some degree of genetic predisposition.[5] Given the extreme scarcity of donor livers, some patients may be prioritized over others on the transplant waiting list. Since donor livers cannot be given to everyone, transplanting a liver into an alcoholic may result in death for competing candidates whose liver disease was not their fault. All else being equal, if bioethicists avoid claiming moral deficiency or judgment, those with apparently self-inflicted ARESLD will not be deprived of treatment but will have a lower priority for transplant.[6] In contrast, another position suggests that it is often difficult to define what behaviors are punishable as these are largely personal and value-laden.[7] Still, people do not support using their own resources to support the consequences of others’ poor choices, no matter how objective.[8] In democratic societies, one must take into consideration community morals and values.[9] Even if we were to punish people for their health-adverse behaviors, we could not logistically employ the vigorous and sustained efforts necessary to determine whose actions are morally weak.[10] lll. The Liberal-Egalitarian Proposal One past argument proposes a liberal-egalitarian solution to manage personal responsibility for so-called “lifestyle diseases.”[11] This Rawlsian system combines the European-style “social safety net” commitment to social and economic equality with the American liberal notion of pluralist toleration and personal freedoms. This idealized system aims to hold people responsible for their choices rather than the consequences to mitigate the downside of blaming those who might not be blameworthy. The approach avoids determining the questionable nature of luck and personal responsibility for health outcomes, fairness in the distribution of economic burden, and the intrusiveness required to practically determine who acts in a morally wrong and health-adverse way. The liberal-egalitarian model, a theory of distributive justice, has two facets: the liberal principle that people should be held accountable for their choices and the egalitarian principle that people who make the same choices should have the same outcomes.[12] This model attempts to fuse responsibility with equity by seeking to reward good behavior and tax bad behavior rather than punish the consequences of the action and navigate who deserves treatment. For instance, the hospital bedside is not the appropriate place to introduce responsibility for one’s health outcomes.[13] This appeals to the reality that, at that time, discerning the true causes of disease was not plausible and to humanity in avoiding a heartless and cruel approach. An argument in favor of the liberal-egalitarian model considers its method of implementation. This approach assumes that the healthcare system treats all individuals regardless of their choices or ability to cover costs. The liberal-egalitarian model also assumes that a certain adverse health condition is related, statistically speaking, to the consumption of a certain good and that good can be taxed. As such, it proposes to tax the consumption of that good to finance the collective burden which arises from that good’s consumption rather than require individuals to pay for their own treatment. In the example of ARESLD, the recommended solution would be taxing all alcohol. While a systematic infrastructure is not explicit, there is the implication that a per-unit tax can be imposed on alcohol so the total tax revenue would make up for the additional healthcare costs due to consumption.[14] Upholding the principle that all people who make the same choices should face the same costs, all consumers of alcohol would pay the same tax, regardless of factors such as genetic predisposition to alcoholism, lifestyle, or expected cost of treatment. Upholding the principle of individual responsibility, this model does not deny treatment to anyone, neutralizing factors outside that individual’s control by imposing the tax ex-ante. Other people are not burdened by those who consume the good. People who consume alcohol face a burden proportional to the amount consumed. This tax-based implementation is justified so long as the tax is not prohibitively high for the average consumer. Further, the model mitigates concerns over the intrusiveness of ascribing morality to health-adverse behaviors. lV. Moral and Social Arguments Against the Liberal-Egalitarian Position Arguments against the liberal-egalitarian model concerns its many assumptions. First, this model assumes that consumption of such goods is directly related to the health outcome and that these goods can be taxed.[15] Certain people genetically predisposed to alcoholism would be predisposed to consume more alcohol. The model falls short when applied to scenarios where health outcomes are not consumption-based, such as engaging in unsafe sex or abstaining from healthy lifestyle choices like exercise. Second, some might argue that the liberal-egalitarian model fails to remain neutral. Residual moral judgments tied to consumption choices introduce non-neutrality. Although taxation in free societies is determined by democratic procedures rather than by individuals in the healthcare system, moral and value-based judgments will be implicit in deciding what behaviors are taxable, such as the purchase of cigarettes. Third, the liberal-egalitarian model fails to determine whether one’s behavior is autonomous, as socio-cultural-economic factors may influence it and behavior is more a product of society, peer pressure, or income. Those also may reflect systemic inequalities. Therefore, this model, which rewards, or taxes based solely on decisions, regardless of their consequences and motivations, fails to consider that a person’s decisions may not be completely autonomous. V. Libertarian Arguments Against the Liberal-Egalitarian Model a. State Intrusiveness as Counter to the Liberal-Egalitarian Model Last, there is a libertarian worry that if the state guarantees universal healthcare coverage to all people, the state will have to become highly intrusive and investigate people’s morals.[16] At least one-third of all disease burden in North America, Europe, and the Asia-Pacific is attributable to lifestyle measures such as tobacco smoking, alcohol consumption, high cholesterol, and obesity.[17] With these various lifestyles, it is not likely to agree on what conduct to tax or condemn.[18] The fine-toothed comb required to determine whether each citizen has been engaging in these behaviors would intrude on daily life and personal freedom. Libertarians champion the argument that impractical intrusiveness would result from universal healthcare, and such a degree of intrusiveness would likely be universally unacceptable.[19] The liberal-egalitarian model mitigates the libertarian worry about state intrusiveness as it does not involve prying into one’s life and choices other than taxing goods. A liberal state should ideally be neutral to how people decide to live their lives. In all, libertarians can rest assured that the liberal-egalitarian tax-based model, through its ex-ante implementation, will require no prying state eyes. States that provide universal healthcare coverage and wish to condemn certain misconduct do not need to become overly intrusive to carry out measures to hold individuals accountable. b. Fairness Another libertarian worry regarding the guarantee of universal healthcare coverage in the context of lifestyle-driven diseases is that the public will be burdened unfairly with covering others’ ill-advised mistakes or bad luck. An ideal system to address this worry would link treatment or payment for treatment with whatever behavior caused that need.[20] The distribution of burdens should be linked to how different individuals contributed to the creation of those burdens. Applied to health policy, we should ask how the need for a certain treatment arose when determining how to distribute its cost.[21] The liberal-egalitarian model aspires to hold individuals responsible for their choices, not for the consequences of such choices. This model significantly mitigates the libertarian worry over unfair burdens for covering other people’s mistakes or social conditions, which lead to those bad outcomes, by ensuring to not burden others with any of the costs for the treatment of people who decide to engage in certain health-adverse behaviors. The aforementioned taxation-based system would only tax those who also engage in the health-adverse behavior through consumption, and that tax directly pays for the necessary collective treatment. As such, those who do not consume the good are not involved with the payment scheme, while those who do consume the good are responsible for payment in a matter proportional to the amount of the good they have consumed. Vl. Universal Coverage Taking a step back, one should consider whether these worries regarding the coverage of apparently self-inflicted health conditions in the context of universal healthcare are worthwhile issues. One perspective raises what is called the culturally imagined objection — an idea erroneously held by many that sick people, especially those who are poor and uneducated, bring these illnesses upon themselves due to poor decision-making and irresponsible risk-taking.[22] This perspective critiques the uniquely American view that, since individuals are free to choose their lifestyles, they should bear the costs of their lifestyle.[23] Taking this argument further, some (perhaps the strongly libertarian) would say that the poor health status among many individuals is the price individuals must pay for their American way of life and the liberty and freedom to live as they wish. However, people should not completely punish individuals for their health-adverse behaviors because these choices are largely pre-determined by a person’s socioeconomic influences.[24] The outcomes from these allegedly ill-advised behaviors, which largely affect poorer people, are not just poor behavior but rather a public health crisis. Perhaps the state and its people should take collective responsibility and cover the costs of treatment for those health outcomes without question, as a form of public service. Rather than worrying about accountability and taxing bad behavior or intrusiveness into personal decisions, some might argue that people need to collectively take responsibility for reducing the overarching systemic inequalities and covering the associated treatment costs as a measure of public health. Vll. Proposed Solution Given the strengths of the liberal-egalitarian model and taking into account libertarian and social justice-oriented objections, an ideal solution for the coverage of lifestyle-related health problems needs to consider the complex relationship between a person’s behaviors and their apparent health outcomes. It must consider how society as a whole passes judgment on behaviors and how to take into account that many health-adverse decisions are not truly autonomous decisions, as various genetic and socioeconomic factors influence them. An ideal solution combines the liberal-egalitarian tax-based model with the social justice concerns of universal coverage. Whatever the cost for the treatment of medical issues resulting in part or entirely from lifestyle and diet, taxes collected from spending associated with the behavior (like the purchase of alcohol, junk food, and cigarettes) ex-ante should fund 50 percent of the cost of treatment, while the universal healthcare taxation scheme should include the other 50 percent. Such a system would provide an incentive to avoid the purchases that can lead to unhealthy consumption and make healthier choices, slightly punish and discourage such purchases through taxation, yet not overly punish people whose outcomes may have more to do with socioeconomic factors and genetics. Adding public responsibility demonstrates acknowledgement that health care is in the public interest and can mitigate public health inequalities. This solution would fuse personal responsibility with the public responsibility of state-sponsored social improvement while ensuring that all people have fair access to necessary treatment, no matter their ability to pay. CONCLUSION The 50-50 system this paper proposes reflects both justice and personal responsibility in covering healthcare costs allegedly brought about by people’s own health-adverse behaviors. By allocating tax revenue from consumption that contributes or even alone causes poor health outcomes, such a system incorporates personal responsibility. By using general tax revenue for health care, such a system would meet the libertarian requirement of providing care without any moral investigation of past behaviors and the social justice consideration of providing health care to those who may have unwittingly ventured into ill-health due to systemic injustice, socioeconomics, or genetics. - [1] Cappelen, A. W. (2005). Responsibility in health care: A liberal egalitarian approach. Journal of Medical Ethics, 31(8), 476–480. https://doi.org/10.1136/jme.2004.010421 [2] Moss, A. H. (1991). Should alcoholics compete equally for liver transplantation? JAMA: The Journal of the American Medical Association, 265(10), 1295–1298. https://doi.org/10.1001/jama.1991.03460100097032 [3] Moss, p. 1295-1298. [4] Moss, p. 1296. [5] Moss, p. 1295-1298. [6] Moss, p. 1295-1298. [7] Cohen, C. IS THIS SUPPOSED TO BE COHEN AND BENJAMIN (1991). Alcoholics and liver transplantation. JAMA: The Journal of the American Medical Association, 265(10), 1299–1301. https://doi.org/10.1001/jama.1991.03460100101033 [8] Cohen, p. 1299-1301. [9] Moss, p. 1297. [10] Cohen, p. 1300. [11] Cappelen, p. 478-480. [12] Cappalen, p. 478-480. [13] Cappelen, p.479. [14] Cappelen, p. 479. [15] Cappelen, p. 479 [16] Cohen, p. 1301. [17] Cappelen, p. 478. [18] Cohen, p. 1299-1301. [19] Cohen, p. 1301. [20] Cappelen, p. 476-480. [21] Cappelen, p. 476-480. [22] Kawachi, I. (2005). Why the United States is not number one in Health. Healthy, Wealthy, and Fair, 18–33. https://doi.org/10.1093/acprof:oso/9780195170665.003.0013 [23] Kawachi, p. 18-33. [24] Kawachi, p. 18-33. (shrink)

Groups of people perform acts that are subject to standards of rationality. A committee may sensibly award fellowships, or may irrationally award them in violation of its own policies. A theory of collective rationality defines collective acts that are evaluable for rationality and formulates principles for their evaluation. This book argues that a group's act is evaluable for rationality if it is the products of acts its members fully control. It also argues that such an act is collectively rational if (...) the acts of the group's members are rational. Efficiency is a goal of collective rationality, but not a requirement, except in cases where conditions are ideal for joint action and agents have rationally prepared for joint action.The people engaged in a game of strategy form a group, and the combination of their acts yields a collective act. If their collective act is rational, it constitutes a solution to their game. A theory of collective rationality yields principles concerning solutions to games. One principle requires that a solution constitute an equilibrium among the incentives of the agents in the game. In a cooperative game some agents are coalitions of individuals, and it may be impossible for all agents to pursue all incentives. Because rationality is attainable, the appropriate equilibrium standard for cooperative games requires that agents pursue only incentives that provide sufficient reasons to act. The book's theory of collective rationality supports an attainable equilibrium-standard for solutions to cooperative games and shows that its realization follows from individuals' rational acts.By extending the theory of rationality to groups, this book reveals the characteristics that make an act evaluable for rationality and the way rationality's evaluation of an act responds to the type of control its agent exercises over the act. The book's theory of collective rationality contributes to philosophical projects such as contractarian ethics and to practical projects such as the design of social institutions. (shrink)

This paper is concerned with how we ought to think about legitimate expectations in the non-ideal, ‘real’ world. In one (dominant) strand of contemporary theories of justice, justice requires not that each gets what she deserves, but that each gets that to which she is entitled in accordance with what Rawls calls ‘the public rules that specify the scheme of cooperation’. However, that is true only if those public rules are part of a fully just scheme and (...) it is plausibly the case that no such scheme obtains in the real world. Given that, and given the centrality of legitimate expectations to theories of justice, it is vital to think about the status of such expectations in non-ideal circumstances. Having explained the sense in which legitimate expectations have come to play a role often previously associated with desert, a brief argument in favour of an ‘expectations’ view of punishment is considered to show that the system to public rules that generates expectations must itself be (in some sense) just. This argument is illustrated by appeal to just punishment and the relevance of thinking about punishment and not merely distributive justice is defended. In the absence of justice, one possibility would be simply to declare that there are no legitimate expectations and so theories of justice provide no guidance as to who should get what in non-ideal conditions. However, this would be to render such theories more-or-less useless in practice. Through discussion of a series of vignettes, the paper offers an account of how we might think about the demands such expectations place on the systems that give rise to them even in cases where the system is unjust. (shrink)

Our societies are marked by anthropocentrism: most people treat animals in ways in which they would by no means treat fellow humans. One might nonetheless expect this prejudice to be much less prevalent in animal shelters since these places are created for the very sake of non-humans and generally managed by people who truly care about animal welfare. This chapter questions this expectation. It discusses three practices that are widespread in animal shelters and yet could be suspected of anthropocentrism: (...) killing animals for lack of resources, partnering with the livestock industry, and feeding animals meat. Drawing on the distinction between ideal and non-ideal theory, the chapter argues that management euthanasia and cooperation with animal agriculture are acceptable in non-ideal theory even though they would be condemned by ideal theory. Then it argues that meat-based pet food should be rejected even in the non-ideal circumstances faced by animal shelters. (shrink)

In this article, I demonstrate two ways in which our major theories of the evolution of cooperation may fail to capture particular social phenomena. The first shortcoming of our current major theories stems from the possibility of mischaracterizing the cooperative problem in game theory. The second shortcoming of our current major theories is the insensitivity of these explanatory models to ecological and genomic context. As a case study to illustrate these points, I will use the (...) cooperative interaction of a species of myxobacteria called Myxococcus xanthus. M. xanthus cooperate in many areas of their life cycle—in quorum sensing, social motility, fruiting body formation, and predation. I focus in particular on predation as we have not yet discovered an adequate explanation of how they sustain cooperative predation in the face of developmental cheats. In explaining why we have not, I draw generalizable conclusions that shed light on our use of simplified models to explain real-world behaviors in a variety of organisms. (shrink)

In the past decade, experiments on altruistic punishment have played a central role in the study of the evolution of cooperation. By showing that people are ready to incur a cost to punish cheaters and that punishment help to stabilise cooperation, these experiments have greatly contributed to the rise of group selection theory. However, despite its experimental robustness, it is not clear whether altruistic punishment really exists. Here, I review the anthropological literature and show that (...) hunter-gatherers rarely punish cheaters. Instead, they avoid dealing with them and switch to other partners. I suggest that these data are better explained by individual selection, and in particular by partner choice models, in which individuals are in competition to be recruited by cooperative partners. I discuss two apparent problems for partner choice theories: large-scale cooperation and punishments in economic games. I suggest that rather than favouring group selection theory, these two phenomena provide evidence in favour of individual selection: (1) people produce large-scale cooperation through institutions in which punishment is not altruistic but rewarded on an individual basis; (2) punishment in experimental games can be explained without altruism and is indeed often better explained by individual interests. (shrink)

In The Agrarian Vision , Thompson argues that a better appreciation of agrarian ideals could lead to a more virtuous, more sustainable way of life. While I agree with Thompson in many respects, there are some aspects of the book that I question and others that I would like to hear Thompson explicate in greater detail. In this paper, I question Thompson’s claim that agrarian farmers and farming communities serve as ideal models of virtuous habits and good character. I (...) challenge Thompson’s use of virtue theory, particularly the notion that farming virtues can be acquired without participating in farming practices. In the end, I make the point that Thompson seems to vacillate between being realistic and being idealistic, which may seriously complicate our notions of responsibility and obligation in practice. (shrink)

Understanding cooperation and punishment in small-scale societies is crucial for explaining the origins of human cooperation. We studied warfare among the Turkana, a politically uncentralized, egalitarian, nomadic pastoral society in East Africa. Based on a representative sample of 88 recent raids, we show that the Turkana sustain costly cooperation in combat at a remarkably large scale, at least in part, through punishment of free-riders. Raiding parties comprised several hundred warriors and participants are not kin or (...) day-to-day interactants. Warriors incur substantial risk of death and produce collective benefits. Cowardice and desertions occur. (shrink)

Experiments are not models of cooperation; instead, they demonstrate the presence of the ethical and other-regarding predispositions that often motivate cooperation and the punishment of free-riders. Experimental behavior predicts subjects' cooperation in the field. Ethnographic studies in small-scale societies without formal coercive institutions demonstrate that disciplining defectors is both essential to cooperation and often costly to the punisher.

The paper is a critical examination of the main attempts at a reconciliation of the two theories of legal punishment: the utilitarian and the retributive. four middle-of-the-road theories of punishment are discussed with hart's theory offering a genuine synthesis of two approaches (negative retribution and positive retribution). (edited).

Punitive behaviours are often assumed to be the result of an instinct for punishment. This instinct would have evolved to punish wrongdoers and it would be the evidence that cooperation has evolved by group selection. Here, I propose an alternative theory according to which punishment is a not an adaptation and that there was no specific selective pressure to inflict costs on wrongdoers in the ancestral environment. In this theory, cooperation evolved through partner choice for mutual (...) advantage. In the ancestral environment, individuals were in competition to be recruited in cooperative ventures and it was vital to share the benefits of cooperation in a mutually advantageous manner. If individuals took a bigger share of the benefits, their partners would leave them for more interesting partners. If they took a smaller share, they would be exploited by their partners who would receive more than what they had contributed to produce. This competition led to the selection of a sense of fairness, a cognitive adaptation aiming to share equally the benefits of cooperation in order to attract partners. In this theory, punishment is not necessary for the evolution of cooperation. Punitive behaviours are only a way to restore fairness by compensating the victim or penalizing the culprit. Drawing on behavioural economics, legal anthropology, and cognitive psychology, I show that empirical data fit better with this framework than with the theory of group selection. When people punish, they do so to restore fairness rather than to help the group. (shrink)

This paper examines what agents should do when others fail to comply with their responsibilities to prevent dangerous climate change. It distinguishes between six different possible responses to noncompliance. These include what I term (1) 'target modification' (watering down the extent to which we seek to prevent climate change), (2) ‘responsibility reallocation’ (reassigning responsibilities to other duty bearers), (3) ‘burden shifting I’ (allowing duty bearers to implement policies which impose unjust burdens on others, (4) 'burden shifting II’ (allowing some to (...) protect peoples rights in ways which impose otherwise unjustified burdens on the duty bearers, (5) 'compromising moral ideals' (permitting agents to compromise non-justice ideals that they are otherwise bound by); and (6) ‘promoting compliance (implementing policies and creating institutions which reduce noncompliance). It concludes by outlining a methodological framework for evaluating these options, and by setting out my tentative and provisional evaluation of which responses are the least bad. (shrink)

Can punishments ever meaningfully be proportioned in severity to the seriousness of the crimes for which they are imposed? A great deal of attention has been paid to the general justification of punishment, but the thorny practical questions have received significantly less. Serious analysis has seldom delved into what makes crimes more or less serious, what makes punishments more or less severe, and how links are to be made between them. In Of One-eyed and Toothless Miscreants, Michael Tonry has (...) gathered together a distinguished cast of contributors to offer among the first sustained efforts to specify with precision how proportionality can be understood in relation to the implementation of punishment. Each chapter examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches.0Written by many of the leading thinkers on punishment, this volume dissects previously undeveloped issues related to considerations of deserved punishment and provides new ways to understand both the severities of punishment and the seriousness of crime. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Great Awakening: A Buddhist Social TheoryChristopher IvesThe Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. 228 pp.In recent decades, the Dalai Lama, Thich Nhat Hanh, the Buddhist Peace Fellowship, the International Network of Engaged Buddhists, and other "Engaged Buddhists" have been responding to a range of social, political, and economic issues. To date, however, they have not coupled their wide-ranging and (...) sustained praxis with an equal measure of systematic, rigorous theory. Granted, facing such urgent problems as war, poverty, and environmental degradation, few if any of us would urge them to put their activism on hold until they clarify their theoretical foundations. Yet given how these Buddhists have diverged on such issues as abortion, homosexuality, intoxicants, possible legitimate uses of violence, and sexual contact between Buddhist teachers and students, further theoretical labor would sharpen their praxis and develop Buddhist social ethics.In this respect, David Loy's The Great Awakening deserves a close read. Though not pursuing the degree of systematic theorizing implied by the subtitle, A Buddhist Social Theory, Loy takes a significant step in that direction. After expounding on Buddhist dukkha (suffering) and linking it to "social dukkha" (ch. 1), Loy offers discerning treatment of poverty (ch. 2), globalization (ch. 3), corporations (ch. 4), the "war on terror" (ch. 5), crime and punishment (ch. 6), violence (ch. 7), technology (ch. 8), and worldviews that exacerbate or help resolve our environmental crisis (ch.9). [End Page 170]Drawing on two of his previous books, Nonduality and Lack and Transcendence, Loy deploys the constructs of nonduality and lack to grapple with these issues. Working over the "three marks of existence" (suffering, impermanence, and no-self), Loy sketches adroitly how the vague recognition that we lack any substantial self or soul leads us to engage in fearful "reality projects," attempts to "ground" ourselves "by modifying the world" (p. 164) or by objectifying ourselves as something real in the world (p. 22). This response to "lack" is exacerbated by dualistic ways of knowing: "The sense of duality between ourselves and the world feeds our insecurity and therefore our preoccupation with power, which we seek in order to secure ourselves. The unfortunate fact that we never feel secure enough is experienced as a lack of sufficient power" (p. 29). Overall, Loy's presentation of the cause of suffering (dukkha) in terms of lack, fear, reality projects, and dualism augments well the traditional Buddhist focus on clinging and ignorance of impermanence.Loy develops his analysis by expounding on the three types of suffering outlined in the Pali canon and their connection to social dukkha. He amplifies the construct of the "three poisons" (greed, ill will, and delusion) by highlighting their "institutionalization" and the ways in which capitalism promotes and spreads these mental states (pp. 80–86). And, proceeding along this trajectory, he expands the scope of the traditional antidotes to the three poisons: "Collectively as well as individually, institutionally as well as personally, greed must be transformed into generosity, ill will into loving-kindness, ignorance into wisdom" (p. 29). Loy also deploys Buddhist critiques of dualistic conceptualization to point out that the problem of poverty concerns not only the lack of material things needed for physical well-being but several other dimensions: "the craving for wealth as haunted by fear of poverty, global poverty as necessary to monetarize and commodify the 'undeveloped' world, and poverty as a necessary benchmark for the wealthy to appreciate their own achievements" (p. 196).Other parts of the book deserving close attention are Loy's social interpretation of the five precepts (p. 38), his sketch of the common ground between Christianity and Buddhism (pp. 117–119), and his presentation of karma, about which he writes, "we construct ourselves by what we choose to do. My sense of self is a precipitate of my habitual ways of thinking, feeling, and acting. Just as my body is composed of the food I eat, so my character is built by my conscious decisions" (p. 7). And contrary to those who construe contemporary Engaged Buddhism as the first form of Buddhism to engage itself significantly with sociopolitical problems, Loy astutely... (shrink)

This dissertation sets out to answer the question ''What fixes the semantic values of context-sensitive referential terms—like names, demonstratives, and pronouns—in context?'' I argue that it is the speaker's intentions that play this role, as constrained by the conventions governing the use of particular sorts of referential terms. These conventions serve to filter the speaker's intentions for just those which meet these constraints on use, leaving only these filtered-for intentions as semantically relevant. By considering a wide range of cases, including (...) many involving confused and deceptive speakers, I argue that this 'constraint theory' provides a better account of linguistic reference than does any extant alternative, whether intentionalist or non-intentionalist. Along the way, I argue that semantics cannot depend on the reactions of idealized listeners, that speaker meaning is far less clear, and helpful, a notion than it is standardly taken to be, and that speakers needn't aim to be cooperative in order to fix the meaning of their terms in context. (shrink)

The evolution and maintenance of cooperation in human and animal societies challenge various disciplines ranging from evolutionary biology to anthropology, social sciences, and economics. In social interactions, cooperators increase the welfare of the group at some cost to themselves whereas defectors attempt to free ride and neither provide benefits nor incur costs. The problem of cooperation becomes even more pronounced when increasing the number of interacting individuals. Punishment and voluntary participation have been identified as possible factors to (...) support cooperation and prevent cheating. Typically, punishment behavior is unable to gain a foothold in a population, while volunteering alone can efficiently prevent deadlocks in states of mutual defection but is unable to stabilize cooperation. The combined effects of the two mechanisms have surprisingly different consequences in finite and infinite populations. Here we provide a detailed comparison of the two scenarios and demonstrate that driven by the inherent stochasticity of finite populations, the possibility to abstain from social interactions plays a pivotal role, which paves the way for the establishment of cooperation and punishment. (shrink)

In my dissertation, I argue that the enterprise of corrective justice requires answering questions about what is unjust and how we ought to set and pursue corrective justice goals. To answer these questions in a way that will allow us to correct for the persistent and entrenched injustices which result from processes of stratification in our society, I’ll put forward a two-tiered social contract theory, which will allow us to approach these questions in a way that will capture the agreement (...) we can have and allow us to structure the persistent disagreement that we cannot and ought not avoid. In the first tier—the cooperative position—the parties know only that they’re in what I’m calling the ten circumstances of cooperation—the circumstances in which modern cooperation takes place. These circumstances includes the social complexity and opacity inherent in complex cooperative arrangements which have epistemic effects on our social cognition in ways that make our view of our social arrangements at best partial, and work to obscure important features of our social reality, especially those affecting those at the bottom of our stratified social relations. This tier generates four cooperative ideals—proficient rationality, democratic equality, social understanding, and dignity—that function as a theory of justice which can gain an overlapping consensus in society but still allow for meaningful disagreement to take place. In the second tier—the corrective position—the parties have access to the circumstances of cooperation, four cooperative ideals, and a general and specific domination contract. These domination contracts model how stratified social relations operate to constrain people within social systems, including the ways that people think about those systems. I argue that the parties would affirm a principle of corrective justice as involving coalitions of differently-situated actors working together over time to dismantle unjust mechanisms, and five desiderata for applying that principle to circumstances as we confront them. They would do so because that is the only way to overcome the practical and epistemic barriers put in place by the domination contracts. (shrink)

We suggest a way of bringing together type theory and unification-based grammar formalisms by using records in type theory. The work is part of a broader project whose aim is to present a coherent unified approach to natural language dialogue semantics using tools from type theory.

In lieu of an abstract, here is a brief excerpt of the content:Men with Muskets, Women with Lyres: Nationality, Citizenship, and Gender in the Writings of Germaine de StaëlSusanne HillmanOn 23 May 1812 Germaine de Staël (1766–1817), Europe’s best-known enemy of Napoleon Bonaparte, set out from her estate on Lake Geneva to escape to England. In her reminiscences, she reflected on the pivotal event as follows:[A]fter ten years of ever-increasing persecutions [...] I was obliged to leave two homelands as a (...) fugitive, Switzerland and France, by order of a man less French than I. For I was born on the banks of the Seine, where his only claim to citizenship is his tyranny. He saw the light of day on the island of Corsica, practically within Africa’s savage sway. His father did not, like mine, devote his fortune and his sleepless nights to defending France from bankruptcy and famine; the air of this beautiful country is not his native air; how can he understand the pain of being exiled from it, when he considers this fertile land only as the instrument of his victories. [End Page 231] Where is his patrie? It is any country that accepts his domination. His fellow-citizens? They are whatever slaves obey his orders.1In this passage, de Staël deliberately links nationality and citizenship. In her view, citizenship status was acquired simply by being born on French soil. Her family’s tireless labors on behalf of the nation added another irrefutable proof of Frenchness. In addition, growing up in France and breathing the country’s invigorating air had created an emotional attachment that a person raised elsewhere simply could not fathom. We thus have a triad of birth/service/sentiment that connects the deserving individual to his or her nation (in this case la grande nation).In this essay I explore de Staël’s understanding of the twin concepts of nationality and citizenship through the lens of gender. Nationality and citizenship were of perennial concern to her thought, partly because of the turbulent times she lived in, partly because of her personal experience in exile. Influenced by history and literature, she early on admired the gallant men with muskets who heroically sacrificed their lives for the glory of the nation. But it was the exceptional women with lyres who were destined to act as the nation’s unifying agents by recreating the gallants’ deeds in writing. By imagining the nation these women fulfilled the supreme task of citizenship. In what follows I will argue that de Staël conceived of the ideal citizen as a woman writer or artist who served her nation by inspiring its members with enthusiasm and virtue.2 In elaborating her view of the superior woman as citoyenne and national muse she made an important contribution to the debate on the nation and the citizen.The only daughter of Louis XVI’s finance minister Jacques Necker and the salonnière Suzanne Curchod-Necker, of Genevan and Vaudois citizenship respectively, de Staël gained fame and notoriety through her brilliant conversational talents, political intrigues, and unconventional relationships with famous men. Though she considered herself a “true Frenchwoman” (véritable française),3 she was a citizen of Geneva and a Swedish subject by marriage, at least until 1803 when she took advantage of the Code Civil [End Page 232] and officially claimed French citizenship.4 Considering this multiplicity of conflicting loyalties, it is not surprising that her major writings reveal a sustained preoccupation with these issues.Despite their undeniable significance for early nineteenth-century European intellectual history, historians have so far devoted scant attention to de Staël’s writings. In fact, in the US, Staëlien studies have largely been dominated by literary criticism and theory.5 This has had the effect of prioritizing her novels over her non-fiction, downplaying the historical context of her oeuvre and, most grievously, ignoring de Staël’s historical contribution to socio-political thought.6 As a result of the complex ways in which her personal experience informed her writing, her oeuvre is best examined as a unified, though certainly inconsistent, whole. Her writings were rarely “products of intense deliberation, but rather reflections... (shrink)

This article maintains that Aristotle develops his political theory as a craft and science in Politics 4–6. The literature, however, has argued that he views political knowledge as a form of practical wisdom or prudence. This article discusses the way that Aristotle proposes political theory as a skill to help deal with unfavorable circumstances. In Greek political thought, craft and science are characterized as skills of cooperating with nature, taking up opportunities, and coping with uncertainty. Aristotle uses this conception when (...) he develops his political theory in Politics 4–6. He understands that political theorists should advise prudent legislators on practical reforms of constitutions and help them address non-ideal situations. Serious efforts to gain causal knowledge are indispensable for statesmanship. This view of statesmanship better illustrates political theory as part of human efforts and cooperation to resolve uncertainty rather than the one that sharply distinguishes among theoretical, practical, and productive sciences. (shrink)

The work reported here is of two sorts. One the one hand, we attempt to consolidate a lot of recent work on situation theory into a workable version, one that researchers can use and add to in ways that might be suitable for various applications. On the other, we attempt to solve a representational problem with situation theory: how can we represent complicated situation-theoretic objects in a way that is perspicuous. Our way in to the latter problem comes from (...) an on-going project aimed at bringing insights from Discourse Representation Theory and Situation Theory to bear on one another. In terms of this project, this paper represents a rather modest contribution. Our goal is to design a language for representing situationtheoretic objects that is based on Kamp's discourse representation structures. This was where we started but we found that working on the notation and its semantics led us to clari cations of various aspects of situation theory. A major part of the clari cation in the theory comes from our use of the work on parameters and abstraError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapError: Illegal entry in bfrange block in ToUnicode CMapction by Aczel and Lunnon AL]. (shrink)

Concerns about the unsustainability of the conventional food system have promoted interest in alternative food networks, which are typically conceptualized through their differences from conventional food networks. Real-life AFNs, however, tend to show some similarities to the conventional food system. This hybridity has caused some criticism, but also, increasingly, calls for a more open examination of AFNs. Indeed, AFNs can be seen as relational to and shaped by the prevailing food system, for example the expectations the conventional system has promoted (...) among consumers. In this paper, through a multiple case study of nine alternative food retailers, we examine the negotiation of acceptable practice in AFNs and the challenges encountered in trying to do things alternatively. We employ convention theory, which encourages a view of action as socially negotiated and situational, and acknowledges plural legitimate notions of worth in guiding and justifying actions. Our findings show a plurality of ideals in the domain of AFNs and a complex navigation between the retailers’ own expressed ideals and considerations and perceived consumer expectations. The retailers’ justification of actions highlights several areas of tension in AFN practice, helping also to understand the challenges in adopting sustainable practices. While responding to consumer expectations sometimes involved adopting more conventional practices, the retailers also challenged consumers on certain issues. Our findings also show how even market-oriented AFNs may take radically alternative courses of action. The study supports the broader argument for examining all food networks in an open way, focusing on actual sustainability outcomes. (shrink)

In the quest for a workable ideal of democracy, the systems approach has recently shifted its perspective on deliberative democratic theory. Instead of enquiring how institutionalized decision-making might mirror an ‘ideal deliberative procedure’, it asks how democracy might be construed as a ‘deliberative system’. This leads it to recommend de-emphasizing the role of parliament and focusing instead on non-institutionalized actors and communications. Though this increased emphasis is undoubtedly warranted, the importance of parliament must not be downplayed. In the (...) debate about transnational democracy – and about EU democratization in particular – it is widely held that making democracy safe for transnational politics entails finding new, non-parliamentary ways of organizing it. Here, the deliberative systems perspective may be misunderstood as offering an alternative, non-parliamentary route to transnational democracy. This article argues that a deliberative system without a parliamentary legislature is tantamount to deliberation without democracy and that an elected parliamentary legislature is constitutive of democracy as a deliberative system – national or transnational. To substantiate this claim, the article suggests looking at Habermas’ discourse theory in a new light, as a sociological-reconstructive approach that aims to explicate the cognitive dimension of modern democratic decision-making. Acknowledgement of discourse theory’s sociological intent enhances our understanding of democracy as a deliberative system in two important ways. First, it helps elucidate the epistemic meaning of democracy differently from the accounts given in alternative theories. Discourse theory holds that what generates democratic legitimacy in modern democracies is a particular epistemic quality which the democratic process lends to decisions by enabling citizens to view the latter as valid outcomes of a cooperative practice of collective problem-solving among equals. From this pragmatist understanding it follows, second, that the presence of a parliamentary legislature is crucial to the establishment and operation of democracy as a deliberative system. (shrink)

Anna Julia Cooper has gained wider recognition in philosophy, thanks to the work of black feminist scholars, generating increased interest in Cooper’s ideas on race, gender, education, and social problems in the United States. However, the global scope of Cooper’s political theory has not yet received sufficient attention. Cooper’s 1925 dissertation is an analysis of slavery and the Haitian revolution, which demonstrates the fundamental contradictions within French enlightenment discourses of liberty. Cooper shows how European discourses of liberty were hampered by (...) the realities of enslavement, predating arguments that would become more widely known in later works, such as C.L.R. James’s The Black Jacobins (written in 1938) and Eric Williams’s Columbus to Castro (written in 1970). As Cooper demonstrates how ideologies of racial inequality undermined the stated ideals of the French revolution, she argues from a natural law position to not only maintain that slavery is “a supreme crime against humanity,” in her words, but also that “it is natural and just that it contains its punishment within itself.”. (shrink)

According to many in the West, the liberalizing effects of North America’s free market ideals will generate equality and justice worldwide. I hold that we should be critical of those who justify imposing liberal democratic ideals on underdeveloped nations by simply suggesting that they promote equality and justice. In the West, entrenched disparities have shaped liberal ideals in ways that make inequality and injustice look natural and normal. Indeed, gender, class, and racial oppression have existed right alongside liberal democratic (...) ideals. If liberal ideals can be molded to make inequality and injustice look natural and normal in the West, then these same ideals can justify economic interactions, technology transfers, military cooperation, and mutual benefit agreements that sustain global inequality and injustice. (shrink)

Computability theory originated with the seminal work of Gödel, Church, Turing, Kleene and Post in the 1930s. This theory includes a wide spectrum of topics, such as the theory of reducibilities and their degree structures, computably enumerable sets and their automorphisms, and subrecursive hierarchy classifications. Recent work in computability theory has focused on Turing definability and promises to have far-reaching mathematical, scientific, and philosophical consequences. Written by a leading researcher, Computability Theory provides a concise, comprehensive, and authoritative introduction to contemporary (...) computability theory, techniques, and results. The basic concepts and techniques of computability theory are placed in their historical, philosophical and logical context. This presentation is characterized by an unusual breadth of coverage and the inclusion of advanced topics not to be found elsewhere in the literature at this level. The book includes both the standard material for a first course in computability and more advanced looks at degree structures, forcing, priority methods, and determinacy. The final chapter explores a variety of computability applications to mathematics and science. Computability Theory is an invaluable text, reference, and guide to the direction of current research in the field. Nowhere else will you find the techniques and results of this beautiful and basic subject brought alive in such an approachable and lively way. (shrink)

Assuming that liberalism, liberal democracy, and the free market are here to stay, this book asks how sustainability can be interpreted in ways that respect liberal democratic values and institutions. Among the problems addressed are the compatibility of liberal procederalism with substantive "green" ideals, the existence and potential of eco-friendly principles and ideas in clasical liberal political theory, the role of rights and duties and of democracy and deliberation, and the "greening" potential of modern environmentally-focused practices in liberal democracies.

This article explores the challenge of developing a feminist law reform proposal to decertify sex and gender based on research conducted for the ‘Future of Legal Gender' project. Locating the proposal to decertify within a do-it-yourself, prefigurative approach to law reform, the article asks: Can a law reform proposal be both instrumental and radical? Can a proposal take shape as a viable legislative text and as a more subversive intervention to unsettle and reimagine gender’s relationship to law? This article explores (...) this at two levels. First, it considers the ontological challenges of developing a controversial law reform proposal in terms of its realness (or fictiveness), contours, and temporality, turning to ‘slow law' as a credible way of approaching radical reform. Second, it explores the design-based challenges of legal prototyping—foregrounding questions of legitimacy, participation, and purpose, which arise in designing a decertification law. At the heart of this discussion is the relationship between representation and enactment—between what a proposal presents and what its presentation does and does not accomplish. (shrink)

The United States leads the world in incarceration, and the United Kingdom is persistently one of the European countries with the highest per capita rates of imprisonment. Yet despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary Anglo-American political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy. This collection of original essays (...) initiates a multi-disciplinary discussion among philosophers, political theorists, and criminologists regarding ways in which contemporary democratic theory might begin to think beyond mass incarceration. Rather than viewing punishment as a natural reaction to crime and imprisonment as a sensible outgrowth of this reaction, the volume argues that crime and punishment are institutions that reveal unmet demands for public oversight and democratic influence. Chapters explore theoretical paths towards de-carceration and alternatives to prison, suggest ways in which democratic theory can strengthen recent reform movements, and offer creative alternatives to mass incarceration. Democratic Theory and Mass Incarceration offers guideposts for critical thinking about incarceration, examining ways to rebuild crime control institutions and create a healthier, more just society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Listening In: Music, Mind, and the Modernist NarrativeRandall Everett AllsupEric Prieto, Listening In: Music, Mind, and the Modernist Narrative ( Lincoln NE: University of Nebraska Press, 2002)Modernism. The Interpretation of Dreams, the assembly line, The Rite of Spring, the Panama Canal. The modernist sensibility is characterized above all by the "willful big idea"—history as text, a manifesto in conflict with itself and its past. Hopeful and revolutionary like (...) the writings of Karl Marx or progressive and corrupt like the Manhattan Project, such events-as-manifesto had a way of feeding off each other. Through collaboration, conflict, and competition, modernists from Robert Moses to Elliott Carter raced to explain and exemplify, often deliberately creating conflict as if crisis were its own rationale, its own sine qua non. One could hypothesize that this arms race of complexity collapsed—exhausted—about the same time that Communism did. Its failure to sustain its ideas (rather than outpace them one after another) may be one reason we live in an anti-dialectical world, an unmodern place of fundamentalisms and easy freedoms.Author Eric Prieto is at home in the modern world more so than the present; his heroes are French intellectuals after all, those lovers of complexity. In Listening In: Music, Mind, and the Modernist Narrative, he investigates late modernist authors who looked to music as a way to exemplify the inward nature of mind [End Page 93] and the outward nature of place. To understand this book, we must revisit some formal aesthetic theories, namely that music's value resides in its ability to name without signifying, that musical properties like intervallic distance, dynamic contrast, and the space-time component that is rhythm put us in touch with the Kantian a priori—the-thing-in-itself, the Schopenhauerian will. Music as sound-in-itself (to riff on Kant and Schopenhauer) becomes a metaphor for the noumenal world or is mimetic at the very least of the abstract and non-linear nature of thought. Prieto argues that "wherever a music model is present [among his examples] it always serves to further this inwardly directed mode of mimesis I call 'listening in,' where the primary object of representation is not the outside world but the subtly modulating interactions between consciousness and world."1Prieto's book is highly consistent. He masterfully captures the spirit of cooperation from modernist writer to musician to thinker and back. Concentrating on three authors, Robert Pinget, Michel Leiris, and Samuel Beckett, Prieto cites the influences of composers like Bach and Beethoven, as well as philosophers like Wittgenstein and Schopenhauer on their literary works. He brings in thinking from Nelson Goodman and Ferdinand de Saussure. The result is literary criticism as manifesto. Reader beware, this is a book for an elevated audience, those rare folk who are comfortable with structural linguistics, nineteenth-century music aesthetics, specialized academic scholarship, and word puzzles. To explain for example why an author like Beckett is inspired by music to create abstract or associative narratives rather than traditional stories of cause and effect, Prieto writes:In music, this progression necessarily takes place on the level of audible resemblances, but in literature, by virtue of the properties of the two-tiered linguistic sign, analogical progression may take place either on the level of the signifier (via the principle of paronomasia), on the level of the signified (via metaphorical substitutions, as in the association of ideas), or between the two levels (punning, "imitative harmony").2This density of language and concept speak well of Prieto's intellect and one is likewise impressed by his broad understanding of music and letters, yet it is the musical scholar who gets the short end of the deal. Paronomasia? "Audible resemblance" is not a musical term I have heard used. In Listening In: Music, Mind, and the Modernist Narrative, music serves as starting point, an inspiration, not as an equal partner. This holds true for Beckett and Pinget as well as for Prieto. The result can be disconcerting, even to readers like me for whom the cross-disciplinary study of music and literature is a fascinating endeavor.Difficulty, nonetheless, has its rewards and this is one lesson of... (shrink)

The dissertation defends a teleological liberal normative theory against the most prominent contributions to contemporary liberal thought, specifically the deontological liberalism of John Rawls and those who have followed in the spirit of his work. The teleological theory that is advanced incorporates an objective conception of value; hence, the reference to "ideal" liberalism to designate the position that is defended. ;Ideal teleological theories have had a prominent place in modern liberal thought in the works of T. H. (...) Green, the new liberals, and others , although as a result of the impact of Rawls's work such positions have not recently received much attention and doubts have been raised about their capacity to satisfy liberal commitments to tolerance, anti-paternalism, and liberty. The dissertation defends the liberal credentials of ideal liberalism while arguing it is in a better position to respond to some of the more forceful criticisms of contemporary Rawlsian liberalism. In particular, the dissertation argues that contemporary liberalism's commitment to a resourcist conception of value, or to "liberal neutrality," cannot be sustained against criticisms about the fairness of this account of value to certain non-individualistic ways of life and against criticisms about its capacity to ensure a stable, progressive social environment. These criticisms point to the need to adopt a neo-Aristotelian conception of value as the basis of a liberal normative theory. It is also argued that a liberal theory that is based in such a conception of value is better able than its main competitor to address issues related to justice, gender, and culture. A chapter is also devoted to restoring a traditional liberal commitment to liberty as a predominant value in liberal theory by defending a normative conception of liberty in response to contemporary liberal skepticism that there is an important role for liberty in normative moral or political theory. Although the dissertation is not an exercise in the history of ideas, it draws importantly on the work of earlier ideal liberals such as J. S. Mill, T. H. Green, L. T. Hobhouse, and J. A. Hobson. (shrink)

I argue that the evolutionary history of anger has substantive implications for normative ethics. In the process, I develop an evolutionary account of anger and its influence on action. First, I consider a prominent argument by Peter Singer and Joshua Greene. They conclude that evolutionary explanations of human cooperation debunk – or undercut the evidential value of – the moral intuitions supporting duty ethics (as opposed to utilitarian or consequentialist ethics). With this argument they aim to defend consequentialist (...) class='Hi'>theories. However, their argument also threatens to debunk intuitions that support consequentialist theories. I give a novel argument that overcomes this difficulty. Specifically, I offer an evolutionary story about anger that can explain retributive, duty-oriented intuitions concerning punishment. This explanation debunks these intuitions (and not others) by showing that they were selected for their biological consequences rather than their accuracy (concerning duties to punish). I develop this explanation by raising and resolving three additional problems. First, prominent evolutionary explanations of retributive motives fail because they appeal to models that apply only to organisms with strategic insight. To mitigate this problem, I explain the existence of a retributive-like motive in rodents by appealing to an economic model of resource competition, which applies to organisms without strategic insight. Second, I show that human anger was shaped by resource competition of this kind. To do so, I develop evidential criteria to determine when psychological systems in different species share common evolutionary origins. I deploy these criteria to argue that human anger and the retributive motive in rodents derive from the same ancestral trait. Finally, the continuity of anger across human and nonhuman animals stands in tension with the idea that anger causes purposive behavior like retribution or retaliation. I argue that differences between the angry behaviors of human and nonhuman animals are differences in degree and not in kind. In the end, this evolutionary story both explains and undermines retributive intuitions, but not in the straightforward way that Singer and Greene suppose. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.1 (2000) vii-ix [Access article in PDF] In Memory of Henry I first met Henry W. Johstone Jr. during the spring of 1968. I was a doctoral candidate at the University of Wisconsin and Henry was in Madison as part of a distinguished visitor series hosted by my mentor, Lloyd Bitzer. Lloyd had invited a group of graduate students to his home to meet the guest (...) of honor. I was particularly excited because Henry had accepted my paper on Aristotle's theory of exemplification to appear in the new international journal Philosophy and Rhetoric, which he edited. This was my first publication and I wanted to thank him, which seemed to this novice the appropriate thing to do. I remember that evening for Henry's seeming reserve, which I later learned was a deep shyness that masked his capacity for uncanny directness and a wicked sense of humor, and for his generosity in deflecting my naiveté about the basis for editorial judgments. I also remember it for his deft way of engaging a room of young rhetoricians with questions that conveyed his doubt about their subject (he later changed his mind) without clouding his sincere openness to what we had to say. The following fall, we met again during my interview for a position in the Speech Department at Penn State University. I was offered the position and became Henry's colleague as Book Review Editor of P&R. For the next thirty years, I was blessed to serve as Henry's partner-in-crime in the joys of life that may remain today only among the professoriate. We shared in the editorial work of the journal, in co-teaching our graduate seminar in Philosophy and Rhetoric, in our intellectual passion for the bonds and wars between philosophy and rhetoric, and in the pleasure of choosing the right bottle of wine. But more than that, we shared these common pursuits in contexts of luncheons, dinners, and social occasions that mixed intellectual work with the pleasure of treasured company.My son phoned today to tell me that Henry had died. His passing leaves a void in my life that goes beyond the loss of a friend and colleague. Henry was the person who, through patient selection of manuscripts for me to referee and guidance, taught me how to read journal submissions and offer critiques that might help the author to improve and the journal to prosper. Henry was the person who taught me the value of generosity with junior colleagues by his respectful and serious engagement of my own work. He had a marvelous capacity to entertain any idea seriously, to consider the possibility that even a far-fetched conjecture might have value rather than rejecting it out of hand. He lived the ideas he wrote about as a philosopher, arguing always ad hominem and con amore. Henry was the person who took me in tow as a young Turk and suffered my impatience with the conservative ways of our established institution [End Page vii] by taking me to lunch, engaging me in discussions of ideas, and sharing the delights of intellectual work, and in the process helping me retain my ideals and my focus.Lunch for Henry was more than a noontime meal. It was the way he sustained bonds with those he valued as friends and colleagues. He would call two weeks in advance to arrange a date at the Allen Room of the State College Hotel. He would arrive at my office ten minutes early and we would take a leisurely stroll along the Old Main Mall to the hotel. Our arrival was announced by the host with "Good afternoon Dr. Johnstone," that showed in its formality deep respect and in its tone equally deep affection. Henry always took a cocktail with lunch, inviting his companion to join him, and unless you were specific about the bill beforehand, Henry usually insisted on paying. Settling the bill was never an issue for Henry. He often included a graduate assistant from the journal or an assistant professor in our party and seemed to... (shrink)

In a recent paper Asher and Pustejovsky propose a type theoretical approach to account for cases of copredication which had motivated Pustejovsky to introduce dot types in the Generative Lexicon. In this paper I will propose an alternative treatment to that given by Asher and Pustejovsky using type theory with records. I will suggest that using record types not only gives us a simple and intuitive account of dot types but also makes an important connection between copredication and the use (...) of hypothetical contexts in dynamic generalized quantifiers I have proposed in earlier work. More generally it allows us to preserve the intuitive feature structure based accounts of lexical analysis proposed in Pustejovsky’s original work on the Generative Lexicon while at the same time introducing functions and binding in the way that is necessary for giving formal accounts of compositional semantics. (shrink)

Education for Sustainable Development supports processes of change in complex socio-ecological systems. Where and how this change takes place are important considerations as we seek to enhance our capacity to challenge existing systems and thus produce and reproduce our life activities in more sustainable ways. This paper considers the possibilities for change in a system as deeply embedded in our social and material existence as capitalism. It rejects the notion that there is no alternative and considers the implications of (...) Evald Ilyenkov’s exploration and development of the Dialectic of the Ideal as the basis for change. I reflect on Ilyenkov’s work in relation to a recent national study into the potential for creating a more sustainable banking sector and the associated education and skills development requirements. The individualising response to sustainability challenges is rejected through the opening up of a more nuanced understanding of the role of contradictions evident in the reciprocal movement and mutual transformations between society and the material structures, both natural and built, within which society exists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Imitation, Mirror Neurons, and Mimetic Desire:Convergence Between the Mimetic Theory of René Girard and Empirical Research on ImitationScott R. GarrelsIntroductionUntil recently, the pervasive and primordial role of imitation in human life was either largely ignored or misunderstood by empirical researchers. This is no longer the case. It is now clear that investigations on human imitation are among the most profound and revolutionary areas of research contributing to the future (...) of a more unified and coherent understanding of the cognitive and social sciences. This ever-growing body of research has profound implications for a better understanding of the development and structure of human psychosocial functioning as well as cultural evolution, yet current applications lack insight into two essential aspects of human imitation: (1) its elemental role in generating uniquely human forms of relational competition, rivalry, and violence; and (2) the historical and anthropological role of religious /cultural beliefs and practices in transforming the effects of human imitation into viable and sustainable communities. Rene Girard's Mimetic Theory offers empirical researchers an already elaborated explanatory model that illuminates the way in which imitation is foundational to these universal human phenomena. Yet astonishingly, there have been no substantial studies concerning the critical question of human imitation that have applied and synthesized recent empirical research with the mimetic theory of human motivation and religious and cultural evolution.The initiation of such a detailed and comparative analysis is essential to understanding not only the historical relationship between culture and religion (and ultimately the evolution of the human species) but perhaps more importantly the pressing and complex relationship between violence, religion, and contemporary society. The mimetic theory of religion helps bring to light the mechanisms of social mimesis that produce the self-other distortions characteristic of behaviors ranging from primitive sacrificial rituals to the abhorred [End Page 47] atrocities of recent history; yet it also fundamentally elucidates the creative and historical role of the religious and cultural insights and practices based on human mimetic dynamics that continue to be indispensable in fostering alternative, nonviolent forms of progress and social cooperation in our contemporary world.The purpose of this article, then, is to advance the interdisciplinary dialogue first embarked on by Jean-Michel Oughourlian (1982), and continued in more detail by Eugene Webb (1993), concerning the convergence between empirical research on imitation and René Girard's theory of psychological mimesis. Psychological mimesis1 is the tendency of human beings to imitate the gestures, behaviors, intentions, and desires of other persons; it is the very cornerstone upon which the entire work of Girard is constructed. From this foundation, Girard has made a number of bold claims about human nature and the resulting origin and structure of human culture and religion. Girard's work is immense in scope and has far reaching implications across such diverse disciplines as anthropology, primitive religion, psychology, literary analysis, theology, and philosophy. Any theory attempting to cover this much ground will undoubtedly draw an enormous amount of criticism, and Girard's work has been no exception. Regardless of this, "Girard's hypotheses about the pragmatics of imitative interaction, and more specifically, about the influence of imitation on motivation, represent a unique and significant contribution that merits a careful examination" (Livingston 1992, xvi).The ability of mimetic theory to effectively address the various disciplines it claims to interpret will depend significantly upon its capacity to clarify and validate the primordial role of mimesis in psychosocial development and functioning. Webb (1993) has emphasized that while Girard's work has many broader anthropological and historical implications, the most essential aspect of his theory is that of psychological mimesis. On this point Webb concluded:Thus there is good reason to think not only that [psychological mimesis] deserves a careful hearing but also that it should prove widely useful for psychologists in providing an explanatory framework for the sorts of systematic relationship that many are currently investigating.(213)While Paisley Livingston (1992) has attempted a systematic presentation of Girard's ideas on mimesis, to my knowledge the "careful hearing" that Webb called for has not taken place through an engagement with the empirical sciences. This is remarkable when one considers the enormous output of imitation research... (shrink)

I argue that the aim of moral activity is to cooperate with others in the promotion of value, where the concept of cooperation denotes not a formal ideal to be given content through reasoning but a substantive way of engaging with others. I show how this approach to ethical theory can provide better accounts of many of our moral convictions than consequentialist or contractualists approaches can, and defend it against the objection that, by downplaying moral reasoning, it robs (...) itself of any explanatory force. (shrink)

Political philosophers often draw their conclusions on how political systems ought to be by first investigating human nature and then proposing recommendations extrapolating from those investigations. They attempt to do this by creating a hypothetical ‘state of nature’ where human beings would be unaffected by social, political, and cultural paradigms and can act freely in pursuit of their instincts, thereby revealing their true nature. English philosopher Thomas Hobbes followed this method of investigation and found that human beings are naturally violent, (...) individualistic, warlike and therefore concluded that political theory ought to be as such to prevent human beings from acting out their baser impulses through draconian authoritative measures when necessary. In this paper, I challenge Hobbes’s claim on human nature by citing contemporary research on cognitive sciences which demonstrates that human beings have a natural predisposition to believe in supernatural agency (God/s) and therefore in the state of nature must behave in such a way as contemporary psychologists discovered investigating the effect of religiosity on human beings such as increased cooperation, selfless behavior towards genetically unrelated strangers, reduced crime rate deterred by supernatural punishment, etcetera. I argue that if we take into account the human propensity to believe in the supernatural agency then the state of nature hypothesized by Hobbes would need to be modified and therefore so would his political theory. Given the integration of cognitive science of religion into the state of nature, I conclude that the ideal political system must be centered around religion. Philosophy and Progress, Vol#67-68; No#1-2; Jan-Dec 2020 P 77-118. (shrink)

Recent new paradigms of computation, based on biological and physical models, address in a radically new way questions of efficiency and challenge assumptions ...

This article and the following ones by Slife and Westerman represent a coordinated effort on the authors' part to begin to mine the resources of what has been termed the "practice turn in contemporary theory" for psychology. The liberal approach tends to focus on a fear of power and how it can corrupt our best ideals, while the postmodernist tends to focus on a fascination with power flowing through the social and institutional expressions of these very ideals. Given modern Western (...) culture's deep antiauthoritarian tenor, these two responses can be seen as reflecting what might be termed an underlying "control or be controlled" dilemma. We suggest the practice turn and hermeneutics offer an avenue for effectively getting past this basic dilemma. They make it clear that in everyday life, we are both profoundly shaped and influenced by the world and other people and influence them, in turn, by the way we interpret them and adjust to them as we engage in the fields of practices in which we find ourselves. Personal and social influences at play in the everyday business of human living create a continuum rather than a dichotomy regarding issues of control and power, leading to a dissolution of our taxing "control or be controlled" dilemma. Such an ontology clearly entails rethinking some prominent cultural ideals, leading us perhaps to think as much or more in terms of character than achievement, of cooperation than competition, of patience than striving restlessly to get somewhere. 2012 APA, all rights reserved). (shrink)