One dark and rainy night, Yuso sexually assaults and tortures Zelan. In escaping from the scene of his crime, he falls heavily and becomes an impotent paraplegic. Instead of treating his fate as divine retribution for his wicked acts, Yuso sees it as sheer bad luck. He shows no remorse for what he has done, and vainly hopes that he will recover his powers, which he now treats as involuntarily hoarded resources to be used on less rainy days. In the (...) presence of others, he pretends that he has turned over a new leaf. He asks for religious and educational books, hoping to make up for his poor education and deprived social background. But he immediately discards them when he is alone in favor of the pornographic magazines which he has bribed a nurse to smuggle in for him. His deception and various obscene acts committed in the hospital are exposed; by the time he comes up for trial, everyone knows that he is still a lustful, sadistic, and unrepentant man. Most retributivists have a sufficient justification for punishing Yuso independently of the social consequences of his punishment. Two features of the case might cause some difficulties. First, Yuso has already experienced considerable suffering and deprivation both before and after his crime, and retributivists might disagree about the relevance of the suffering to his punishment. Secondly, Yuso is unrepentant, and it is unlikely that punishment will change him. This might, as we shall see, create a problem for those who think that the justifying aim of punishment is the moral reform of the offender. (shrink)

What ecological advantages do animals gain by being able to detect, extract and exploit wavelength information? What are the advantages of representing that information as hue qualities? The benefits of adding chromatic to achromatic vision, marginal in object detection, become apparent in object recognition and receiving biological signals. It is argued that this improved performance is a direct consequence of the fact that many animals' visual systems reduce wavelength information to combinations of four basic hues. This engenders a simple categorical (...) scheme that permits a rich amount of sensory information to be rapidly and efficiently employed by cognitive machinery of limited capacity. (shrink)

Sher's notion of deserved punishment has unacceptable implications. It does not justify punishing some serious wrongdoers, who are unwilling to commit lesser wrongs, more severely than minor offenders. It requires victim-inflicted punishments which repeat the wrongdoings, with the roles reversed. But if Sher moves away from such victim-inflicted punishments, then his theory should treat wrongdoers like tort-feasors who have to pay monetary compensations to their victims.

At 8 a.m. I get in my car and set off for work. At 7:59 a.m., before I started it, my car was at rest; at 8:01 a.m. it is in motion. When a thing is not in motion, it is at rest, and when it is not at rest, it is in motion. But what was the state of the car at 8:00 a.m., as I was starting it? It would be inaccurate to say that it was in motion (...) but it would be inaccurate, also, to say that it was at rest: it was “just starting.” But, if whenever a thing is not in motion it is at rest, the state of “just starting”—or, of course, the comparable state of “just stopping”—must be either a state of motion or a state of rest. Which? (shrink)

Contingent valuation of the environment has proven popular amongst environmental economists in recent years and has increased the role of monetary valuation in public policy. However, the underlying economic model of human psychology fails to explain why certain types of stated behaviour are observed. Thus, good scope exists for interdisciplinary research in the area of economics and psychology with regard to environmental valuation. A critical review is presented here of some recent research by social psychologists in the US attempting to (...) explain stated behaviour in contingent valuation. Attitudinal scales have been used to analyse the role of ecocentric, biocentric and altruistic motives for giving. However, the research is shown to draw some potentially misleading conclusions and be unrepresentative of contingent valuation. Two recent economic studies using contingent valuation are then reported and shown to have identified non-economic motives for WTP. The complexity of value formation and expression is found to go far beyond that generally accepted by economic models. Greater consideration of the role played by attitudes and ethical considerations then becomes relevant to the interpretation of results being used in standard cost-benefit analysis and environmental policy. (shrink)

I Consider first line 58, though its interpretation cannot be separated from that of the ensuing lines. The editors put a comma after iuuenem and must therefore intend propiorque iubenti to be taken with conticuit. It seems more natural, however, to take it with what precedes. The obvious function of propior in such a case is to qualify or amplify an idea already stated, as in Stat. Ach. 2. 94–95.

The legal requirements and justifications for collecting patient-identifiable data without patient consent were examined. The impetus for this arose from legal and ethical issues raised during the development of a population-based disease register. Numerous commentaries and case studies have been discussing the impact of the Data Protection Act 1998 and Caldicott principles of good practice on the uses of personal data. But uncertainty still remains about the legal requirements for processing patient-identifiable data without patient consent for research purposes. This is (...) largely owing to ignorance, or misunderstandings of the implications of the common law duty of confidentiality and section 60 of the Health and Social Care Act 2001. The common law duty of confidentiality states that patient-identifiable data should not be provided to third parties, regardless of compliance with the DPA1998. It is an obligation derived from case law, and is open to interpretation. Compliance with section 60 ensures that collection of patient-identifiable data without patient consent is lawful despite the duty of confidentiality. Fears regarding the duty of confidentiality have resulted in a common misconception that section 60 must be complied with. Although this is not the case, section 60 support does provide the most secure basis in law for collecting such data. Using our own experience in developing a disease register as a backdrop, this article will clarify the procedures, risks and potential costs of applying for section 60 support. (shrink)

Though we agree with their argument that language is shaped by domain-general learning processes, Christiansen & Chater (C&C) neglect to detail how the development of these processes shapes language change. We discuss a number of examples that show how developmental processes at multiple levels and timescales are critical to understanding the origin of domain-general mechanisms that shape language evolution.

Recently a child’s right to a father was invoked to justify the prevention of single women from obtaining access to IVF. This article explores the conceptual and normative issues about the nature of the right and its conflict with a woman’s right to procreative autonomy. The discussion relates the conceptual issues to those raised in the context of ‘wrongful life’ tort cases. It concludes that the right to be born with a father, although conceptually sound, does not justify the restriction (...) on the procreative right of single women. (shrink)

This detailed and sympathetic, but not uncritical, study of On Liberty' argues for the general consistency and coherence of Mill's defence of individual liberty, but maintains that there are significant non-utilitarian elements in his arguments.

The papers in this volume focus on two central issues in the philosophy of law, the relationship between law and morality, and crime and punishment. In the essay that gives the title to this volume, it is argued that, although in many legal systems there are in fact significant connections between law and morality, these connections are not conceptually or logically necessary. They depend on various social practices. Ronald Dworkin's famous attempt to undermine the legal positivist's separation of law from (...) morality is rejected, and it is argued that Dworkin's own positive theory of law may indeed be quite compatible with certain versions of legal positivism. Other essays explore the notion of a wicked legal system, the rule of law, and various perspectives on the nature of law. The essays on crime and punishment discuss the theory and practice of punishment. They extend the work done in the author's earlier book, "Crime, Guilt and Punishment". They reject a purely retributive justification of punishment, in spite of the increasing sophistication in its recent formulations. (shrink)

In ‘Of Sensory Systems and the “Aboutness” of Mental States’, Kathleen Akins (1996) argues against what she calls ‘the traditional view’ about sensory systems, according to which they are detectors of features in the environment outside the organism. As an antidote, she considers the case of thermoreception, a system whose sensors send signals about how things stand with themselves and their immediate dermal surround (a ‘narcissistic’ sensory system); and she closes by suggesting that the signals from many sensory systems may (...) not in any familiar sense be about anything at all. Her presentation of the issues, however, overlooks resources available to ‘the traditional view’—or so I shall argue. Akins’s own thumbnail sketch of what is wrong with the traditional view is that it asks, concerning a given sensory system, ‘what is it detecting?’, when we should instead be asking ‘what is it doing?’ (352). Her point is that on the traditional view the function of a sensory system—what it's ‘for’—is to detect or indicate (values of) features of the outside environment. But at least on one version of the traditional view—namely Ruth Millikan’s—this would never be the sole or main proper function of a sensory system. (Akins does not list Millikan as a traditionalist, but Millikan fits squarely Akins’s description of them, since she believes in a naturalistic theory of aboutness and thinks it should begin with the senses.) For Millikan (1989, 1993), the proper function of a sensory system is in the first instance enabling behavioural systems—in the simplest case, motor routines—to perform their proper function. This they do, roughly, by switching on and steering the behavioural routines. Where features of the outside environment come in is as Normal (= assumed-by-the-design) conditions for the successful performance of the sensory system's proper function. That is, the only strategy for switching on and steering that is simple enough for evolution to have hit upon it, and reliable enough for evolution to have liked it, is a strategy which gears the steering to (values of) features of the outside environment. But as soon as one starts fleshing out the details of this story, one notices that they are probably quite different in the case of thermoreception from how they are with ‘distance’ senses such as vision and olfaction--a point which Akins overlooks.. (shrink)

Because our only access to color qualities is through their appearance, Byrne & Hilbert's insistence on a strict distinction between apparent colors and real colors leaves them without a principled way of determining when, if ever, we see colors as they really are.