A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability (...) and punishment rules reflect lay intuitions of justice – "empirical desert" – as a means of enhancing the system's moral credibility. In a recent article, Christopher Slobogin and Lauren Brinkley-Rubinstein (SBR) report seven sets of studies that they argue undermine these claims of empirical desert and moral credibility and instead support SBR's proposed distributive principle of "individual prevention," a view that focuses on an offender's future dangerousness rather than on his perceived desert. -/- The idea that there is a relationship between the criminal law's reputation for justness and its crime-control effectiveness did not originate with Robinson and his co-authors. Rather, it has been a common theme among a wide range of punishment theory scholars for many decades. A particularly important conclusion of recent Robinson studies, however, is their confirmation that this relationship is a continuous one: even small nudges in moral credibility can produce corresponding changes in the community's deference to the criminal law. This is important because it shows that even piecemeal changes or changes at the margin – as in reforming even one unjust doctrine or procedure – can have real implications for crime-control. SBR's studies, rather than contradicting the crime-control power of empirical desert, in fact confirm it. Further, SBR's studies do not provide support for their proposed "individual prevention" distributive principle, contrary to what they claim. -/- While SBR try to associate their principle with the popular "limiting retributivism" adopted by the American Law Institute in its 2007 amendment of the Model Penal Code, in fact it is, in many respects, just the reverse of that principle. With limiting retributivism, the Model Code's new provision sets desert as dominant, never allowing punishment to conflict with it. SBR would have "punishment" essentially always set according to future dangerousness; it is to be constrained by desert only when the extent of the resulting injustices or failures of justice is so egregious as to significantly delegitimize the government and its law. This ignores the fact that even minor departures from justice may have an important cumulative effect on the system as a whole. What SBR propose – essentially substituting preventive detention for criminal justice – promotes the worst of the failed policies of the 1960s, where detention decisions were made at the back-end by "experts," and conflicts with the trend of the past several decades of encouraging more community involvement in criminal punishment, not less. (shrink)

Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.

As John Rawls makes clear in A Theory of Justice, there is a popular and influential strand of political thought for which brute luck – that is, being lucky in the so-called “lottery of life” – ought to have no place in a theory of distributive justice. Yet the debate about luck, desert, and fairness in contemporary political philosophy has recently been rekindled by a handful of philosophers who claim that desert should play a bigger role in theories (...) of distributive justice. In the present paper, we present the results of our attempts to fill in some of the missing empirical details of this debate. Our findings provide some preliminary evidence that, contrary to what most contemporary political philosophers have assumed, people are not as worried by natural luck as previously thought. Instead, people’s worries seem to be focused exclusively on inequalities generated by social luck. (shrink)

P.F. Strawson famously argued that reactive attitudes and ordinary moral practices justify moral assessments of blame, praise, and punishment. Here we consider whether Strawson's approach can illuminate the concept of desert. After reviewing standard attempts to analyze this concept and finding them lacking, we suggest that to deserve something is to justifiably receive a moral assessment in light of certain criteria – in particular, eligibility criteria (a subject's properties that make the subject principally eligible for moral assessments) and assignment (...) criteria (particulars about the subject, act, and circumstances that justify assessments such as blame in a particular case). Strawson's analysis of the ordinary attitudes and practices of moral assessment hints at these criteria but does not unequivocally ground a notion of desert. Following Strawson's general naturalistic approach, we show that recent psychological research on folk concepts and practices regarding freedom, moral responsibility, and blame illuminates how people actually arrive at moral assessments, thus revealing the very eligibility criteria and assignment criteria we suggest ground a concept of desert. By pushing the Strawsonian line even further than Strawson did, by empirically investigating actual moral practice and folk understandings, we can illuminate desert and lend credence to Strawson's general anti-metaphysical position. (shrink)

As far as I can tell, the concept of “desert” in Levinas’s thought seems to retain itsfamiliar associations, namely, as an environment that can be empirically characterizedas inhospitable, barren, and destitute of the kinds of material resources necessary forthe growth of the autonomous and autochthonous subjective self. It also seems plausiblethat a relevant extension of desert conditions to human community in Levinas’stopography would be the “cities” of concentration camps of the Holocaust. In otherwords, there is a correlative interior (...) type of desert that, with Levinas, can be intuitedas what I am calling a desert of the ethical. In what follows I would like to refer toboth of these conditions—the ontological and the ethical deserts—as a way to betterunderstand why humans in general move from such desert regions to areas that promisewhat seems like greater fecundity and the possibilities of growth and expansion offamily and tribe. I would like to modify each of these depictions in consonance withwhat I take to be a Levinasian ethical horizon for my reflections. (shrink)

Philosophical discussions of the phenomenon that has come to be known as ‘moral luck’ have either dismissed it as illusory or touted it as the evidence for doubting the probative value of our commitment to certain widely avowed views concerning interpersonal assessments of responsibility. In this discussion, we present a third, distinctive interpretation of the moral luck phenomenon. Drawing upon empirically robust results from psychological studies of judgment bias, we argue that the phenomenon of moral luck is demonstrably not illusory. (...) What we suggest, however, is that the phenomenon ought not to be taken to countenance doubts about the standards generally taken to be regulative of assessments of interpersonal responsibility. Rather, its significance lies in foregrounding certain generally unacknowledged obstacles we face in the process of conclusively applying general valid moral standards in making specific judgments of responsibility and desert.1. (shrink)

The emerging critique of alternative food networks (AFNs) points to several factors that could impede the participation of low-income, minority communities in the movement, namely, spatial and temporal constraints, and the lack of economic, cultural, and human capital. Based on a semi-experimental study that offers 6 weeks of free produce to 31 low-income African American households located in a New Orleans food desert, this article empirically examines the significance of the impeding factors identified by previous scholarship, through participant surveys (...) before, during, and after the program. Our results suggest economic constraints are more influential in determining where the participants shop for food than spatial and temporal constraints, and the study participants exhibit high levels of human and cultural capital regarding the purchase and consumption of locally grown produce. We also find them undeterred by the market’s predominantly White, middle-class cultural social space, which leads us to question the extent to which cultural exclusivity discourages their participation in AFNs. For all five factors we find that the constraints posed to accessing the local food market were not universal but varied among the participants. Finally, the study reveals some localized social constraints, fragmented social ties in particular, as a possible structural hurdle to engaging these residents in the alternative market in their neighborhood. Conclusions point to the need for a multi-dimensional and dynamic conceptualization of “food access.”. (shrink)

The subsistence technology of forager communities has varied greatly over space and time. This paper (i) reviews briefly the main causal factors the literature identifies as responsible for this variation; (ii) analyzes in some detail the most prominent idea in the literature on spatial variation:Complex technology is an adaptive response to elevated risks of subsistence failure; (iii) it argues that the alleged empirical support for this hypothesis depends on dubious proxies of risk; (iv) it argues that it fails to (...) explain the subsistence technologies of desert foragers, who generally live with simple technologies in high‐risk environments; (v) it offers an alternative analysis, based on the reduced opportunity costs of complex technologies in highly seasonal environments, on the high value of typical forager targets in those environments and their relatively predictable location in space and time; and (v) the paper concludes with a conjecture about the role of environmental variation in toolkit change over deep time. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

In the paper, I try to cast some doubt on traditional attempts to define, or explicate, moral responsibility in terms of deserved praise and blame. Desert-based accounts of moral responsibility, though no doubt more faithful to our ordinary notion of moral responsibility, tend to run into trouble in the face of challenges posed by a deterministic picture of the world on the one hand and the impact of moral luck on human action on the other. Besides, grounding responsibility in (...) desert seems to support ascriptions of pathological blame to agents trapped in moral dilemmas as well as of excess blame in cases of joint action. Desert is also notoriously difficult, if not impossible, to determine (at least with sufficient precision). And, finally, though not least important, recent empirical research on people’s responsibility judgments reveals our common-sense notion of responsibility to be hopelessly confused and easily manipulated. So it may be time to rethink our inherited theory and practice of moral responsibility. Our theoretical and practical needs may be better served by a less intractable, more forward-looking notion of responsibility. The aim of the paper is to contrast the predominant, desert-based accounts of moral responsibility with their rather unpopular rival, the consequence- based accounts, and then show that the latter deserve more consideration than usually granted by their opponents. In the course of doing so, I assess, and ultimately reject, a number of objections that have been raised against consequentialist accounts of moral responsibility: that it (i) doesn’t do justice to our common-sense theory and practice of responsibility; (ii) ties responsibility too closely to influenceability, thereby exposing itself to the charge of counter-intuitivity; (iii) assigns undeserved responsibility (praise, blame) to agents; (iv) confuses ‘being responsible’ with ‘holding responsible’‚ and (v) provides the wrong-kind-of-reason for praise and blame. My negative and positive case may not add up to a knockdown argument in favor of revising our ordinary notion of responsibility. As long as the considerations adduced succeed in presenting the consequentialist alternative as a serious contender to a pre-arranged marriage between moral responsibility and desert, however, I’m happy to rest my case. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Empathy, Intimacy, Attention, and Meditation:An IntroductionSandra Costen KunzOn October 31, 2008, at the American Academy of Religion's annual meeting, the Society for Buddhist-Christian Studies sponsored a well-attended afternoon session titled "Cognitive Science, Religious Practices, and Human Development: Buddhist and Christian Perspectives." This issue of Buddhist-Christian Studies contains three of the papers presented: Wesley J. Wildman's "Cognitive Error and Contemplative Practices: The Cultivation of Discernment in Mind and Heart," Noreen (...) Herzfeld's "'Your Cell Will Teach You Everything': Old Wisdom, Modern Science, and the Art of Attention," and Robert Aitken's "'Who Hears?' A Zen Buddhist Perspective."Each paper addresses in some way the connections between meditation and accurate perception. Wildman traces how cognitive errors rooted in innate perceptual biases give rise to mistaken beliefs and self-defeating behaviors. He highlights various ways religious practices both promote and ameliorate common cognitive errors. He claims some meditation practices are particularly effective in amelioration. While Wildman's paper gives detailed attention to various types of cognitive errors and ways to curb them, Herzfeld's and Aitken's papers have, in some ways, a broader focus. Both include material that suggests that meditation can clear, sharpen, and steady the overall perceptual lens though which humans interpret and construct all of their relationships. (Most contemporary neuroscience assumes that "what" is perceived is the relationship between the perceiver and the "object" of perception.) Herzfeld cites research suggesting that "empathy" is one socially beneficial characteristic of the "focused, close attention" developed by the solitary meditation practices of the Christian Desert Fathers. Aitken claims that Zen practice develops the attentiveness needed to perceive the "intimacy" between the perceiver and what is perceived.I suspect that the neurophysiology of attention behind Herzfeld's "empathy" and Aitken's "intimacy" is profoundly similar. Aitken, comparing Zen's emphasis on experiencing intimacy with Tibetan Buddhism's emphasis on developing compassion, points out that "Compassion by etymology is 'suffering with others'—the realization of social intimacy." "Compassion" is derived from Latin, while Herzfeld's [End Page 55] "empathy" is derived from Greek. Both express the "suffering with others" Aitken identifies with social intimacy.I will first review the ways each paper connects attention-based perception with meditation, and then consider more carefully the common ground shared by Herzfeld's "empathy" and Aitken's "intimacy," suggesting it may lie (in part) in ways socially activist Christian and Zen traditions have drawn upon the cosmological assumptions embedded in the core texts of Zen and Christian traditions. I will close by proposing a topic for further study based on Wildman's claim that religious traditions have fostered a wider variety of meditation practices that have broader benefits than secular meditation programs that teach "nonreligious" adaptations of religious practices.A Review of the Three PapersWildman teaches theology, philosophy, and religion and directs a PhD program in science, philosophy, and religion. His paper reviews seven types of cognitive errors grounded in neurologically based "cognitive and perceptual tendencies." While in life-threatening situations these tendencies can aid survival, they do so at the cost of day-to-day "mistaken beliefs" and "self-defeating behavior." Drawing on Thomas Gilovich's typology, Wildman reviews three types of errors based in pattern recognition skills gone awry, three types based in "social and motivational" factors, and then adds a seventh type: "self-defeating behaviors." He next reviews five potentials for detecting and ameliorating such errors and explores how three "techniques for mitigating cognitive error"—meditation practices, psychotherapy, and rigorous intellectual training—draw on these five potentials.Citing Jean Kristeller's multidomain model of meditation effects, Wildman notes the "significant empirical evidence" in "relevant research studies" that various meditation practices can mitigate a variety of cognitive errors. He reviews research that suggests that neuroplasticity (the potential for structural brain change that affects function) is a lifelong possibility, including studies by Richard Davidson, Antoine Lutz, and others involved in the Mind and Life Institute's efforts to demonstrate the brain-changing effects of Buddhist meditation. Wildman cautions: "The longitudinal studies of meditation needed to settle the question of whether meditation produces neurologically detectable changes in brain structure or function are only just now under way." But... (shrink)

Thus Pascal sets forth the romanticist thesis that reason has nothing to do with the deep intimations of the worshipping soul. Religion is an affair of the heart, and the productive Source of all things cannot be comprehended by the exercise of the finite intellect. This doctrine foreshadows the Kantian dichotomy between phenomena and noumena: the understanding can legitimately operate only within the sphere of space, time and natural causality, as it knows nothing of the transcendental postulates of the moral (...) life. In Kant's case, however, the opposition is worked out by means of a sustained and systematic analysis of man's faculties of cognition, and the intuitions of moral feeling are not without a rationality of their own. One might say that in Kant's view there is a logic of ethical sentiment as well as a logic of the scientific understanding, the former being practical, the latter theoretical. In the practical domain of morality the categories of the scientific understanding do not apply: the individual who acts from a sense of duty is free and immortal, besides being destined to receive rewards from the hand of God according to his deserts. The practice of the moral life therefore creates a sort of categoreal vacuum, the individual becoming a noumenon, emancipated from the shackles of the sensible world; from an empirical point of view, morality means self-transcendence. (shrink)

Massively multiplayer online games are not merely electronic communication systems based on computational databases, but also include artificial intelligence that possesses complex, dynamic structure. Each visible action taken by a component of the multi-agent system appears simple, but is supported by vastly more sophisticated invisible processes. A rough outline of the typical hierarchy has four levels: interaction between two individuals, each either human or artificial, conflict between teams of agents who cooperate with fellow team members, enduring social-cultural groups that seek (...) to accomplish shared goals, and large-scale cultural traditions, often separated into virtual geographic regions. In many MMOs, both magic and religion are represented, in ways that harmonize with a social-scientific theory that defines them in terms of specific versus general psychological compensators. This article draws empirical examples from five diverse MMOs: Dark Age of Camelot, Dungeons and Dragons Online, World of Warcraft, A Tale in the Desert and Gods and Heroes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Tracing the Anthropocene and Entangled Trauma in Yashar Kemal's NovelsMore-Than-Human Lives in the Post-Ottoman WorldDeniz Gündoǧan Ibrişim (bio)Yashar Kemal (1923–2015), one of Turkey's most prominent Kurdish-Turkish novelists and human rights activists, largely engages with the southern Turkish countryside, which the author himself had known well in his early life.1 Kemal is commonly recognized as the writer of Çukurova or the Clician Plain (Cilicia Pedias in antiquity), a large fertile (...) plain in southern Turkey. The plain covers the easternmost areas of Mersin Province, southern and central Adana Province, Western Osmaniye, and Northwestern Hatay, and it has been a major place of anthropogenic change and industrialization since the 1930s, in the aftermath of transition from the Ottoman Empire to the modern Republic. Kemal presents the severe impact of the destruction of the forests and the draining of the swamps on the nature of the local people, whose way of life was transformed by this anthropogenic uprooting during the modernization and industrialization brought about by successive political and environmental administrations in post-Ottoman Turkey:The earth was covered with woods from Misis to the Mediterranean Sea in the olden days. There is a tree called Kars. Due to the fact that the Kars tree grows there the place was called Kars for a long time.... Now there is nothing; not one single tree until the Mediterranean. Historians write that the land was a great forest even in the 19th century. This was stated in a letter of Cevdet Pasha written in 1865.... Hundreds, even thousands of [End Page 32] tractors entered the Çukurova, everything happened overnight, so to say. Farm workers digging the earth to a depth of 75 centimeters were left with nothing to eat and nowhere to dwell, left with no forest, no Kars, no tree, no cane thickets, no bushes, and no swamps. I witnessed unbelievable destruction. The Çukurova turned into a desert of agriculture. This is the reality of our century, the actual conditions of our times.(qtd. in Andaç 61–62; my translation)I suggest that Kemal's lamentation here introduces non-Western stories, placing post-Ottoman vulnerability and resilience into the Anthropocene, our current geological era in which humans as a collective are said to have become a geophysical force on a planetary scale.2 The above excerpt encourages the reader to embark on an alternative reading in which the anthropogenic changes have deep and environmentally damaging roots in the Middle Eastern region, including Turkey (see Inal and Turhan 1–9). Despite the global and universal staging of the Anthropocene within North America and Western Europe, it is crucial here to underscore how the Anthropocene renders both a global process of anthropogenic climate change and a local laying down of industrial change in other landscapes and cities beyond its Eurocentric roots and routes.Within this context, this article argues that Kemal's literary works speak well to the concerns of the Anthropocene epoch, characterized by rapid and fundamental human-driven alterations of Earth, revealing longue duree linkages between weather, war, industrialization, empire, agriculture, urbanization, and deforestation that have created extraordinary changes on local and global scales. In the above passage, where we read the loss of the woods from Misis to the Mediterranean, Kemal manifests an acute awareness that the tree already disappears amid a vanishing ecosystem. Elsewhere, Kemal recounts the destruction of the forests and swamps that grants the Çukurova region its richness and vitality. At the same time, he shows how the particular process of deforestation dramatically changes ordinary lives of both human and nonhuman communities in the area during the modernizing and westernizing processes in the aftermath of the Ottoman Empire. This dramatic change is illustrated in Hüyükteki Nar Ağacı (The Pomegranate Tree on the Knoll). Andaç quotes Kemal as follows: [End Page 33]Çukurova was a whole forest of pomegranate trees from here to the sea at one time. In spring and summer time, these trees would be covered with red blossoms, so that the whole area from here to Ayas would be all red and would wave like the sea. Black snakes used to mate... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Jesus, Man of Sin: Toward a New Christology in the Global EraSoho MachidaSin as the Common GroundThe blasphemous title of this article is likely to outrage more than a few devout Christians. I am aware that most Christians view Jesus as the most immaculate and beautiful person who ever lived. As a Buddhist scholar and practitioner, however, I cannot extinguish a long-held question from my mind. Was Jesus really (...) free from sin? I do not object to the view of those Christians who see him as the greatest living expression of compassion and courage. But the Christian construction of an untainted, perfect image of Jesus, the Son of God, raises certain problems that I would like to address. Although Jesus, the Anointed, could have had a special mission in the human world, the Son of Man did not appear as the Holy Ghost. He was incarnated in human form: “And the Word became flesh and dwelt among us, full of grace and truth; we have beheld his glory, glory as of the only son from the Father” (John 1:14).It is important to carefully consider the meaning of the Incarnation. The fact that Jesus came to be born with flesh in this world means that he chose to stand on the common ground of sin with us. The sin that I refer to here is the most ontologically fundamental sin that is at the core of human experience. What links us with Jesus is none other than so-called Original Sin.To be sure, as a man who comes from a different religious tradition, I do not make this outrageous claim because I want to dispute the value of the divine personhood of Jesus, or because I am cynical about the most sacred object of Christian faith. I have a deep respect for the greatness of the Christian tradition that has developed around this very unusual person, Jesus Christ.On a personal level too, I do not think of Jesus as a distant figure, as merely the god of another religion. During my boyhood in Japan, I often attended an Episcopal church; and the first academic degree I earned in the United States was in theological studies. In light of all that I have learned from my own personal involvement with Christianity, I still believe that Jesus was a person who suffered like us as a sinful human being.If I were to choose the most important of Jesus’ words from the Bible, I would not hesitate to point to the following passage: “Eloi, Eloi, lema sabachthani? (My God, my God, why have you deserted me?)” (Mark 15:34). It is surprising how few Christian scholars have offered persuasive interpretations of these words, which Jesus is said to have uttered in the final moments of his life. Many Christians would rather not hear such contradictory, despairing words come from the mouth of Jesus. Yet [End Page 81] these words of extreme suffering contain the key message at the core of Christian faith.Though I am also interested in Jesus’ historical background and the political role he played in a tiny corner of the Roman Empire, it is not the purpose of this article to investigate the historicity of Jesus’ life, as many theologians and historians have attempted to do in recent years. I will focus instead on the philosophical implications of Jesus’ life and his physical body, and why I believe it is important to develop a new Christology for the coming global era.The Karmic Body of JesusFirst, why did Jesus have to experience the suffering of crucifixion? The evident answer might be explained this way: because he sacrificed himself to redeem the human race, which has been sinning since the time of Adam and Eve. I would like, however, to suggest a totally different answer: Jesus was crucified to atone for his own sin. He courageously showed the way each of us must take responsibility for our own lives. He deserves our high admiration, but not excessive mystification.I do not mean that Jesus committed any specific sin in his lifetime, but rather that as the Son of Man he too was... (shrink)

Blame is typically justified on the basis of retrospective desert. However, an emerging strand of account gives an alternative justification for blame: the forward-looking, or proleptic, effects of that blame in cultivating a desirable form of agency, shared moral considerations responsive agency. These instrumentalist accounts differ as to their grounding conditions: the agential features that licence blame in cases of moral failure. Some accounts advocate grounding such justified blame in terms of whether or not the agent meets the condition (...) of influenceability; others advocate the condition of reasons responsiveness. I will argue that influenceability is unsuccessful as a grounding condition: such accounts appear to licence blame in too many cases of bad action (or omission). In order to not do so, it is unclear how they can avoid either reducing to another kind of grounding condition, such as reasons-responsiveness, or abandoning any attempt to posit a substantive grounding condition. However, the reasons responsiveness condition has also been attacked: it appears to be vulnerable to a mismatch between the proleptic goals of the accounts to which it is a part, and to empirical evidence suggesting an apparent situational lack of control. I will defend reasons-responsiveness as a grounding condition; however, I will suggest that instrumentalist accounts should be focused less on their grounding conditions and on blame, and more on the empirical efficacy of our reactive attitudes in scaffolding moral agency. In light of these considerations, I will suggest a friendly revision to Vargas’ grounding condition drawing on Fischer and Ravizza, Holroyd, and Calhoun that, I think, better accommodates the proleptic concerns that motivate Vargas’ and McGeer’s accounts. (shrink)

Long before the origins of agriculture human ancestors had expanded across the globe into an immense variety of environments, from Australian deserts to Siberian tundra. Survival in these environments did not principally depend on genetic adaptations, but instead on evolved learning strategies that permitted the assembly of locally adaptive behavioral repertoires. To develop hypotheses about these learning strategies, we have modeled the evolution of learning strategies to assess what conditions and constraints favor which kinds of strategies. To build on prior (...) work, we focus on clarifying how spatial variability, temporal variability, and the number of cultural traits influence the evolution of four types of strategies: (1) individual learning, (2) unbiased social learning, (3) payoff-biased social learning, and (4) conformist transmission. Using a combination of analytic and simulation methods, we show that spatial—but not temporal—variation strongly favors the emergence of conformist transmission. This effect intensifies when migration rates are relatively high and individual learning is costly. We also show that increasing the number of cultural traits above two favors the evolution of conformist transmission, which suggests that the assumption of only two traits in many models has been conservative. We close by discussing how (1) spatial variability represents only one way of introducing the low-level, nonadaptive phenotypic trait variation that so favors conformist transmission, the other obvious way being learning errors, and (2) our findings apply to the evolution of conformist transmission in social interactions. Throughout we emphasize how our models generate empirical predictions suitable for laboratory testing. (shrink)

Kant is often regarded as an extreme retributivist, but recently commentators emphasize the importance of deterrence in Kant's basic justification of punishment. Kant's combination of deterrence and retributive elements, however, must be distinguished from others that are less plausible. To interpret Kant as merely adding retributive side-constraints to a basic deterrence aim fails to capture fully the retributive strain in Kant's thought. The basic questions are: who should be punished, how much, in what manner, and why? Kant held that all (...) and only the legally guilty ought to be punished, the legally guilty being also morally guilty, except when the legal requirement was to do something "immoral in itself." This case aside, violations of law also transgress an ethical duty to obey the law. Criminal punishments should be designed to match victims' empirically discernable losses in degree and kind, except when this would be impossible or degrading; courts cannot measure the ultimate moral desert of criminals, which depends on their inner "will." "Punishment" is not a mere disincentive in a "price" system of social control; it has an inherent expressive function, conveying a public message of moral disapproval of the criminal conduct in question. Understanding this together with Kant's basic theory of justice may help to explain his acceptance of ius talionis and condemnation of making exceptions for pragmatic reasons. It also accounts for the retributive "tone" of Kant's remarks, despite his insistence that public courts deal only with "external actions," not overall moral worth and character assessment. Kant wird oft als Vertreter einer extremen Vergeltungstheorie gesehen. Auf der anderen Seite betonen verschiedene Autoren in der letzten Zeit die Abschreckung als grundlegendes Element in Kants Rechtfertigung der Strafe. Ihnen gegenüber muß Kants Verknüpfung von Vergeltung und Abschreckung von anderen ähnlichen Verknüpfungen unterschieden werden, die weniger plausibel sind. Kant so zu interpretieren, als füge er zum Hauptziel der Abschreckung nur einige nebensächliche Elemente der Vergeltung hinzu, verfehlt den Vergeltungsaspekt in Kants Straftheorie. Die grundlegenden Fragen sind: Wer soll bestraft werden, wie schwer, in welcher Weise und warum? Kant war der Ansicht, daß alle, aber auch nur diejenigen bestraft werden sollen, die sich vor dem juridischen Gesetz schuldig gemacht haben. Wer sich vor dem juridischen Gesetz schuldig gemacht hat, hat sich auch moralisch schuldig gemacht, es sei denn, das vom Recht Geforderte sei etwas "an sich selbst Unmoralisches". Sieht man von diesem letzteren Fall einmal ab, dann enthält jede Übertretung des juridischen Gesetzes immer auch eine Verletzung der ethischen Pflicht, dem juridischen Gesetz zu gehorchen. Strafe sollte darauf angelegt sein, den empirisch erkennbaren Verlusten des Opfers nach Art und Ausmaß zu entsprechen, außer, wenn dies unmöglich oder erniedrigend wäre; Gerichte können die tatsächliche moralische Schuld von Verbrechern, die von ihrem inneren "Willen" abhängt, nicht messen. "Strafe" ist kein bloßes Abschreckungsmittel in einem "Preis"-System sozialer Kontrolle. Statt dessen hat sie die ganz wesentliche und ausdrückliche Funktion, die moralische Mißbilligung des jeweiligen verbrecherischen Verhaltens öffentlich zum Ausdruck zu bringen. Diese Interpretation, zusammen mit Kants grundlegender Theorie der Gerechtigkeit, kann helfen zu verstehen, warum Kant das ius talionis akzeptiert hat und warum er Ausnahmen, die aus pragmatischen Gründen gemacht werden, mißbilligt. Sie erklärt auch den "Tonfall" in Kants Äußerungen, der mir seiner Vergeltungstheorie zusammenhängt, auch wenn Kant darauf beharrt, daß staatliche Gerichte sich immer nur mit "äußeren" Handlungen befassen, nicht mit dem moralischen Wert insgesamt oder mit einer Beurteilung des Charakters einer Person. (shrink)

The assumption that all life on Earth today shares the same basic molecular architecture and biochemistry is part of the paradigm of modern biology. This paper argues that there is little theoretical or empirical support for this widely held assumption. Scientists know that life could have been at least modestly different at the molecular level and it is clear that alternative molecular building blocks for life were available on the early Earth. If the emergence of life is, like other (...) natural phenomena, highly probable given the right chemical and physical conditions then it seems likely that the early Earth hosted multiple origins of life, some of which produced chemical variations on life as we know it. While these points are often conceded, it is nevertheless maintained that any primitive alternatives to familiar life would have been eliminated long ago, either amalgamated into a single form of life through lateral gene transfer (LGT) or alternatively out-competed by our putatively more evolutionarily robust form of life. Besides, the argument continues, if such life forms still existed, we surely would have encountered telling signs of them by now. These arguments do not hold up well under close scrutiny. They reflect a host of assumptions that are grounded in our experience with large multicellular organisms and, most importantly, do not apply to microbial forms of life, which cannot be easily studied without the aid of sophisticated technologies. Significantly, the most powerful molecular biology techniques available—polymerase chain reaction (PCR) amplification of rRNA genes augmented by metagenomic analysis—could not detect such microbes if they existed. Given the profound philosophical and scientific importance that such a discovery would represent, a dedicated search for ‘shadow microbes’ (heretofore unrecognized ‘alien’ forms of terran microbial life) seems in order. The best place to start such a search is with puzzling (anomalous) phenomena, such as desert varnish, that resist classification as ‘biological’ or ‘nonbiological’. Ó 2007 Elsevier Ltd.. (shrink)

There is a large and growing body of empirical work on people’s intuitions about distributive justice. In this paper, we investigate how well luck egalitarianism and desertism—the two normative approaches that appear to cohere well with people’s intuitions—are supported by more fine-grained findings in the empirical literature. The time is ripe for a study of this sort, as the positive literature on justice has blossomed over the last three decades. The results of our investigation are surprising. In three (...) different contexts (good option luck, good brute luck, and bad brute luck) in which the demands of luck egalitarianism and those of a mainstream desert-based view come apart, the latter carries the day. One ramification of these findings is that people’s intuitions about justice are moralized; that is, they appeal to particular conceptions of the good. Luck egalitarians must decide whether to embrace these moralized intuitions by adopting desertism—or to resist them. (shrink)

In this article, I explore how the twin forces of imperial and entomological power allowed Britain to shape locust research and control across Africa, the Middle East and South Asia from the 1920s to the early 1950s. Imperial power came from the size of the formal and informal empire, and alliances with other colonial powers to tackle a common threat to agriculture and trade. Entomological authority came primarily from the work of Boris Uvarov and his small team of museum and (...) fieldworkers based at the Imperial Bureau of Entomology (IBE), later the Imperial Institute of Entomology (IIE). I begin by discussing how Uvarov's phase theory of the origin of swarming changed the prospects for the control of locust plagues. The imperial gaze and networks of the IBE and IIE were suited to a problem that was transnational and transcontinental. In the 1930s, Britain was drawn into plans for international cooperation on locust organizations that met the needs of science, to give better sharing of knowledge, and the needs for science, to secure the resources for research and control. However, such organizations were only created during the Second World War, when new plagues threatened military operations, as I show in relation to the measures taken to control the red locust and desert locust. In the final section, I follow the fate of the wartime cooperation in initiatives to establish permanent control organizations. It is a story of the decline of British political power in locust affairs as the United Nations Food and Agriculture Organization and regional agencies took over. My account of British locust research and control reveals a neglected aspect of histories of entomology and imperial/colonial science, especially their international relations and the continuing importance of metropolitan research centres. (shrink)

Research and activism have increasingly denounced the problematic environmental record of the infrastructure and value chain underpinning artificial intelligence (AI). Water-intensive data centres, polluting mineral extraction and e-waste dumping are incontrovertibly part of AI’s footprint. In this article, I turn to areas affected by AI-fuelled environmental harm and identify an ethics of resistance emerging from local activists, which I term ‘elemental ethics’. Elemental ethics interrogates the AI value chain’s problematic relationship with the elements that make up the world, critiques the (...) undermining of local and ancestral approaches to nature and reveals the vital and quotidian harms engendered by so-called intelligent systems. While this ethics is emerging from grassroots and Indigenous groups, it echoes recent calls from environmental philosophy to reconnect with the environment via the elements. In empirical terms, this article looks at groups in Chile resisting a Google data centre project in Santiago and lithium extraction (used for rechargeable batteries) in Lickan Antay Indigenous territory, Atacama Desert. As I show, elemental ethics can complement top-down, utilitarian and quantitative approaches to AI ethics and sustainable AI as well as interrogate whose lived experience and well-being counts in debates on AI extinction. (shrink)

ABSTRACT The article treats the universal history Ruins, or Meditation on the Revolutions of Empires (Les ruines ou Méditations sur les révolutions des empires) of the French cultural philosopher Constantin-François Volney (1757–1820). Using a textual, interdisciplinary study, which focuses upon Volney’s complex cultural and historical philosophical contexts, I demonstrate that his primary concern was a nearly 2500 years coherent Europe of tradition and reception: this Europe did not represent a western corner of a larger Asian landmass but, in the late (...) eighteenth century, rather offered the opportunity for a complex and harmonious unity of European peoples under French circumstances. Volney chose the ruins of the desert town of Palmyra as the starting point of his historical and philosophical reflections. As a cultural philosopher of the late Enlightenment, he looks past the divine workings of the course of history in order to take instead the finite, man-made world as his focal interest. The following pages emphasize these reflections on human history that – in the face of a melancholic mode – highlighted the cultural anthropological characteristics and committed them to the promotion of a self-creating future. (shrink)

While psychologists and political scientists have long investigated issues of interest to philosophers, the development of political experimental philosophy has remained limited. This slow progress is surprising, given that political philosophers commonly acknowledge the relevance of empirical data for normative theorizing. In this chapter, we illustrate the importance of empirical data by outlining recent developments in three domains related to theories of justice, where empirical results reinforce or endanger popular philosophical theories. Our first showcase concerns the boundaries (...) of the concept of fairness. While both libertarian thinkers and social egalitarians have united in rejecting the concept of natural injustice, we show that people do consider that unpreventable natural inequalities can be described as unfair. Second, we take the example of impartiality devices, such as the veil of ignorance or the idea of an impartial spectator, to show that such devices are efficient at shifting people’s intuitions in a more impartial manner. Third, we review empirical data on fairness intuitions to show that people conform to a pluralist theory of justice, valuing desert, needs-satisfaction, and equality at the same time. However, distribution according to desert enjoys a privileged position: people mostly care for the satisfaction of basic needs of deserving recipients, and people are willing to tolerate large inequalities in meritocratic contexts. The centrality of desert leads to dilemmas for mainstream egalitarian theorists, as theories that do not recognize the value of desert could fail to find support or legitimacy within the population. (shrink)

In this article I respond to the obligation to institute the policy of decoupled crop subsidies as is provided in Pilchman’s article “Money for Nothing: Are decoupled Crop Subsidies Just?” With growing problems of poor nutrition in the United States there have been two different but related phenomenon that have appeared. First, the obesity epidemic that has ravaged the nation and left an increasing number of people very unhealthy; and second, the phenomenon of food deserts where individuals are unable to (...) access fresh fruits and vegetables. A possible solution to this problem, as has been proposed by some, is to institute a decoupled crop subsidy that would increase the production of fruits and vegetables in the United States. In this paper I explore the possible unintended consequences of this policy and how it may violate liberal international conceptions of justice. I conclude that there must be further empirical research before anyone can call decoupled crop subsidies an obligation to justice. (shrink)

Zusammenfassung: In diesem Beitrag wird der normative Gehalt von Armut und sozialer Exklusion im Wohlfahrtsstaat untersucht. Dazu wird der Grundriss der Gerechtigkeitstheorie von David Miller in Zusammenhang mit dem Konzept der materiellen Deprivation diskutiert, einem von der Europäischen Union verwendeten Indikator für soziale Exklusion. Kernthese ist dabei, dass materielle Deprivation sozial ungerecht ist, da sie die drei Gerechtigkeitsprinzipien des Bedarfs, des Verdienstes und der Gleichheit verletzt. Dieser Befund wird sowohl theoretisch als auch anhand ausgewählter empirischer Erkenntnisse expliziert. Vor diesem Hintergrund (...) wird zum Anschluss dann das Verhältnis von Armutsforschung und Sozialphilosophie und politischer Philosophie diskutiert. -/- Schlagwörter: soziale Gerechtigkeit, Armut, materielle Deprivation, David Miller -/- Social Justice in the Welfare State. On the normative weight of material deprivation -/- Abstract: This paper explores the normative relevance of poverty and social exclusion in the welfare state. I discuss David Miller's theory of social justice and one indicator of poverty and social exclusion utilized by the European Union, namely that of material deprivation. The main thesis is that material deprivation is socially unjust as it violates the three principles of social justice: need, desert, and equality. This finding will be explored on the theoretical level as well as considering empirical insights. Against this background, I will conclude with remarks on the possible contribution of social and political philosophy to poverty research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Learning to BreatheFive Fragments Against RacismB. Venkat Mani (bio)For Dr. JLW, for all Black academics and students1. Air HungerI know you, Derek Chauvin. You may think that we first met on May 25, 2020, in Minneapolis. I was called George Perry Floyd. For you, I was just another Black man, a potential criminal. For me, you were not a police officer, but the knee that stands for racism. You (...) kneeled on my windpipe for 9 minutes and 29 seconds. Those were neither my first nor my last memories.You may choose not to recognize me, as you always have. But I do. I recognize every bone, muscle, tendon, pointy curve of the cap, every contour of your strong, heavy, determined, calculating, conniving knee that presses on my windpipe with a false sense of racist superiority. 9 minutes and 29 seconds. As often as you can.We have a history. You have never missed the opportunity of kneeling on my windpipe. You hauled me into your slave ships from various African ports along the Atlantic, then you kneeled on my windpipe all over your cotton and tobacco plantations in the Americas. We met again on schooners from Indian shores journeying across the Indian and Pacific oceans. With slavery banned in the British empire, you turned me into an indentured laborer. You made me put my thumb imprint on a document you created, in a script I could not read, of a language I could not speak. Then you threw me thousands of miles away in Mauritius, Fiji, and numerous Caribbean islands, pressing on my windpipe on sugarcane plantations. My wife, children, sisters, mothers, aunts, brothers, uncles, nephews, nieces, grandparents, great grandparents, we all have lived through those fatal 9 minutes and 29 seconds: on water and land. Repeatedly. Consistently. Incessantly.You want specific dates? April 8, 1857, Barrackpore, Northern India. My name was Mangal Pandey, you called me a Sepoy. You hanged me for standing up against my subjugation by your British East India Company. Against your rule over my land and my people. With your many titles [End Page 41] and names: Major-General Sir Henry Havelock, Lieutenant-General Sir Colin Campbell, Brigadier-General Charles Windham, you rampaged through the streets of Delhi, Meerut, Lucknow, killing anyone in your way so I could be a jewel in Victoria's crown. January 29, 1863, Bear River, Idaho. I was one among the Shoshone of Bia Ogoi, you were Colonel Patrick Connor. You came to us on a frigid morning and killed us by the hundreds. November 15, 1884, the Congo Conference, Berlin. You were called Chancellor Otto von Bismarck and were acting at the behest of sharecropping interests of King Leopold the Second. Your name for me was a "savage." You set up a society to civilize me while you plundered my bounty. You started drawing lines through land, rivers, mountains, deserts. For you, it was the Scramble for Africa. For me, bloody murder. You knelt on my windpipe, smoking a pipe with tobacco my people had grown. April 13, 1919, Jallianwala Bagh, Amritsar. You were called Brigadier General Reginald Edward Harry Dyer. For you, I was just a troublemaking native disrupting the civilized business of the Empire. You surrounded our peaceful gathering in Amritsar and opened fire. Your Nobel Laureate Rudyard Kipling claimed that "you did your duty as you saw fit." By killing us in thousands until the bullets ran out. Rikki Tikki Tavi. May 31, 1921, Tulsa, Oklahoma. Inspired by Jim Crow, your knees came running to us in mobs to massacre us. October 19, 1926, Imperial Conference, London. Your name was Field Marshall the Right Honorable Jan Christian Smuts. For you, I was one among the many "colored" subjects from the Cape Colony. You spoke vehemently against mixing my people with your people. Eloquently, I was told, in favor of apartheid.You know very well, Chauvin, that our acquaintance neither begins in 1857 nor ends in 1926. I could take you on a grand tour of the world and give you all the dates when you appeared in different forms. Your self-induced conviction of racial supremacy over me remained the same... (shrink)

The heroes and villains of the Dune universe live in a world where violent conflict is an inevitable and necessary part of life. In the brutal worlds of the galactic Imperium and the Arrakeen desert wilderness, inquiry, perception, and logic are no longer tools of scientific truth‐seeking, but have become weapons in a war between minds as sharp as the cutting edge of a crysknife. The inquiries of Dune's characters don't follow the logic of scientific discovery but instead the (...) wartime logic of advantage. The conflict between House Atreides and House Harkonnen stretches back to the earliest days of the empire. In most cases, accurate information would still be preferred, but in this case rapidly formed beliefs that enable a timely decision are ultimately more useful than carefully verified knowledge. The grim necessities of kanly force Dune's characters to value the utility of knowledge over its truthfulness. (shrink)

In olden time the Arabian desert was, as it is at this day, the roaming-ground of independent Bedouin tribes. With free and healthy minds they contemplated their monotonous world, whose highest charm was the raid, and whose intellectual treasure was the tribal tradition. Neither the achievements of social labour, nor the accomplishments of elegant leisure were known to them. Only on the borders of the desert, in regularly constituted communities, which often had to suffer from the incursions of (...) those Bedouins, a higher degree of civilization had been attained. This was the case in the South, where the ancient kingdom of the Queen of Sheba continued its existence in Christian times under Abyssinian or Persian overlordship. On the West lay Mecca and Medina (Yathrib), by an old caravan route; and Mecca in particular, with its market safe-guarded by a temple, was the centre of a brisk traffic. Lastly on the North, two semi-sovereign States had been formed under Arab princes: towards Persia, the kingdom of the Lakhmids in Hira; and towards Byzantium the dominion of the Gassanids in Syria. In speech and poetry, however, the unity of the Arab nation was set forth to some extent even before Mohammed’s time. The poets were the ‘men of knowledge’ for their people. Their incantations held good as oracles, first of all for their several tribes, but no doubt extending their influence often beyond their own particular septs. Mohammed and his immediate successors, Abu Bekr, Omar, Othman and Ali (622–661) succeeded in inspiring the free sons of the desert, together with the more civilized inhabitants of the coast-lands, with enthusiasm for a joint enterprise. To this circumstance Islam owes its world-position: for Allah showed himself great, and the world was quite small for those who surrendered themselves to him (Muslims). In a short time the whole of Persia was conquered, and the East-Roman empire lost its fairest provinces,—Syria and Egypt. Medina was the seat of the first Caliphs or representatives of the prophet. Then Mohammed’s brave son-in-law Ali, and Ali’s sons, fell before Moawiya, the able governor of Syria. From that time dates the existence of the party of Ali (Shiʻites), which in the course of diverse vicissitudes,—now reduced to subjection, now in detached places attaining power,—lives on in history, until it finally incorporates itself with the Persian kingdom in definite opposition to Sunnite Islam. (shrink)

The U.S. Constitution employs a utilitarian view in authorizing Congress to establish patents and copyrights. Let us refer to this way of justifying copyright as the Incentives Argument, or more extensively, the Incentives Argument for Intellectual Property Rights. While seemingly straightforward, the Incentives Argument has been widely criticized in philosophical literature on intellectual property. Scholars have come to prefer Neo-Lockean labor-desert accounts, grounding intellectual property rights in the author's natural ownership claims over his creations. Neo-Lockean accounts are thought to (...) avoid some of the problems classically associated with utilitarian arguments, such as vulnerability to empirical evidence and an inability to make sense of rights or duties morally prior to consequential considerations. Fortunately, many criticisms articulated by opponents of the Incentives Argument can be answered by a strategic retreat to the version of utilitarianism found in the work of John Stuart Mill. I argue that not only does a Millian account of the Incentives Argument prove less vulnerable to oft-cited criticisms, but also allows for a more robust account of how the audience benefits from a proliferation of creative works. Mill's focus on the importance of critical self-development allows for a deeper analysis of how creative works benefit members of the audience as individuals and as a community. Within a Millian framework, viewing the audience as mere passive consumers of media fails to take into account the impact of expressive acts on an individual's critical self-development. Instead, one must see members of the audience as active participants in the creation of meaning and the common culture. Construing the community that receives creative works as an Active Audience alters the landscape of copyright, and the Incentives Argument, making balancing the desires of creators and the desires of audience members a key priority. (shrink)

Some versions of perfectionism, e.g., Plato's and Nietzsche's, are antiegalitarian, but this is often because of claims about desert or maximax aggregation, which the best perfectionism rejects. And this perfectionism can give at least qualified support to distributive equality by arguing that people's natural abilities are fairly close to equal and that there is diminishing marginal utility of resources, in that these are more important for enabling moderate perfection than for allowing improvements from there to the highest heights. Both (...) these empirical claims are made more plausible by the Aristotelian values defended earlier in the book, especially those involving formal measures of theoretical and practical perfection. (shrink)

Le refus du rôle de complice au sein de l’empire technologique n’est qu’un point de départ dans une trajectoire de désertion. Le vrai travail commence ensuite. Notre collectif met nos compétences de CSP+ au profit de syndicats contre les ravages du numérique, dans la défense d’activistes contre la finance fossile, ou pour la reconnaissance du site ultra-touristique des Salines (Martinique) comme Entité Naturelle Juridique….

Ce deuxième tome des Hommes de la fraternité s'achève avec le règne de Constantin et le concile de Nicée (325). Les quelques deux cent cinquante évêques qui participent à ce concile dit " œcuménique " représentent bien mal, par leur provenance, ce qu'on appelait alors l'oïkouméné (l'ensemble des terres habitées). Mais le concile est présidé par l'empereur, et une ère nouvelle commence pour les chrétiens au sein de l'Empire. Ils sont si bien traités par le prince, ces évêques conciliaires, qu'ils (...) " se demandent s'ils ne sont pas déjà dans le Royaume de Dieu ". Il semble loin le temps de l'épître à Diognète (vers 195) qui parlait des chrétiens en ces termes : " toute terre étrangère leur est une patrie, toute patrie une terre étrangère. " avec Constantin s'inaugure ce qu'on appellera plus tard l'alliance du trône et de l'autel. Ce deuxième tome est celui d'un tournant décisif pour la suite de l'histoire. Mais l'historien qu'est Michel Clévenot se garde bien d'illustrer une thèse, fût-elle éclairante. Il donne au contraire à voir et à entendre la diversité des situations aux quatre coins de l'Empire et au sein des classes sociales si peu homogènes : le lecteur fait connaissance avec le " directeur de conscience " de la bourgeoisie d'Alexandrie, mais il visite aussi les petits agriculteurs d'Italie, d'Afrique du Nord ou des bords du Nil. Les querelles commerciales, les tensions économiques, les controverses théologiques, les affrontements politiques et guerriers, rien de tout cela n'est négligeable pour celui qui entend " l'appel de Jésus à ne pas déserter l'Histoire ". (shrink)

Bashir Makhoul’s Beijing installation Enter Ghost, Exit Ghost is a maze made out of lenticular images of a Palestinian village that leads to a stack of cardboard boxes that could be a town, a military training camp, or just a heap of damaged packing containers. This article reads the installation through an initial misrecognition, seeing the boxes as a version of ancient Anasazi cliff dwellings. This displacement, where one place recalls somewhere else, is pursued through a discussion of W.J.T. Mitchell’s (...) reflections on comparative ‘promised lands’, Israeli artist Larry Abramson’s notion of abstraction as camouflage, Eyal Weizman’s analysis of simulated battle-spaces, and Mark Twain’s critical reading of desert spaces in the western US and Palestine. The article argues that Makhoul’s work calls up a series of associations between times and places that speaks not only to the specific (Israel/Palestine) but to a broader global hermeneutics of empire based on symbolic overdetermination and strategic concealment and erasure. (shrink)

In olden time the Arabian desert was, as it is at this day, the roaming-ground of independent Bedouin tribes. With free and healthy minds they contemplated their monotonous world, whose highest charm was the raid, and whose intellectual treasure was the tribal tradition. Neither the achievements of social labour, nor the accomplishments of elegant leisure were known to them. Only on the borders of the desert, in regularly constituted communities, which often had to suffer from the incursions of (...) those Bedouins, a higher degree of civilization had been attained. This was the case in the South, where the ancient kingdom of the Queen of Sheba continued its existence in Christian times under Abyssinian or Persian overlordship. On the West lay Mecca and Medina (Yathrib), by an old caravan route; and Mecca in particular, with its market safe-guarded by a temple, was the centre of a brisk traffic. Lastly on the North, two semi-sovereign States had been formed under Arab princes: towards Persia, the kingdom of the Lakhmids in Hira; and towards Byzantium the dominion of the Gassanids in Syria. In speech and poetry, however, the unity of the Arab nation was set forth to some extent even before Mohammed’s time. The poets were the ‘men of knowledge’ for their people. Their incantations held good as oracles, first of all for their several tribes, but no doubt extending their influence often beyond their own particular septs. Mohammed and his immediate successors, Abu Bekr, Omar, Othman and Ali (622–661) succeeded in inspiring the free sons of the desert, together with the more civilized inhabitants of the coast-lands, with enthusiasm for a joint enterprise. To this circumstance Islam owes its world-position: for Allah showed himself great, and the world was quite small for those who surrendered themselves to him (Muslims). In a short time the whole of Persia was conquered, and the East-Roman empire lost its fairest provinces,—Syria and Egypt. Medina was the seat of the first Caliphs or representatives of the prophet. Then Mohammed’s brave son-in-law Ali, and Ali’s sons, fell before Moawiya, the able governor of Syria. From that time dates the existence of the party of Ali (Shiʻites), which in the course of diverse vicissitudes,—now reduced to subjection, now in detached places attaining power,—lives on in history, until it finally incorporates itself with the Persian kingdom in definite opposition to Sunnite Islam. (shrink)

Applying equity to health care is difficult and it is especially challenging when applied to cases that involve urgent military medicine care under resource scarcity. Part of the difficulty centers on the concept of equity itself. It is not clear what the best concept of equity applicable to medical care would be, or that there should be only one, or the same ones, across all levels of military health care. Despite the fact that equity is a key concern in health (...) care, particularly in the age of the COVID-19 pandemic, it may be that there is no single theory of justice that would be most justified for military physicians to use. This paper examines whether a hybrid position of equity might be both theoretically robust and applicable in practice. After briefly introducing the discussion, we outline four major philosophical definitions of equity – (1) Egalitarianism, (2) Prioritarianism, (3) Desertism, and (4) Sufficientism. We then report empirical findings suggesting that a practice-based hybrid concept of equity is used by physicians within the practice of micro-allocation. Our findings will shed lights on ethical justifications and reasoning which should guide medical rules for military and humanitarian health care providers. (shrink)

While differentialists deny that non-linguistic animals can have a sense of justice, assimilationists credit some animals with such an advanced moral attitude. We approach this debate from a philosophical perspective. First, we outline the history of the notion of justice in philosophy and how various facets of that notion play a role in contemporary empirical investigations of justice among humans. On this basis, we develop a scheme for the elements of justice-relevant situations and for criteria of justice that should (...) be fruitful in studying both humans and animals. Furthermore, we investigate the conceptual connections between a sense of justice, on the one hand, and various other mental powers, on the other, and indicate which of the latter may be beyond the ken of animals. Next, we consider recent empirical research on justicerelated phenomena in animals. We argue for an intermediate position: While animals can at least in principle satisfy some preconditions of justice (intentional action, rulefollowing), others are problematic, notably possessing a notion of desert. A space for justice in social animals exists, yet it is rather limited compared to the rich cultures of justice in humans. Finally, we reflect on some actual or alleged implications of research on animal justice. As regards justice in humans, one should avoid a simplistic image of ‘‘natural justice’’ as boiling down to equal allocation of goods. As regards justice for animals, one should be weary of the contractualist assumption that only those capable of justice themselves are deserving of ‘‘just’’ treatment. (shrink)

For most of the period during which 'Aqaba belonged to the Ottoman Empire, the precise nature of its frontier status needs to be nuanced, since, in theory at least, all of the provinces adjoining it formed part of the same political unit, and the Red Sea itself was a largely Ottoman lake. In practice, however, Ottoman political and military control in the Syrian and Arabian deserts was often tenuous and reliant on individual deals struck with Bedouin leaders, often within the (...) context of the sultan's fulfilment of his obligation to protect the pilgrimage to the Holy Places of Arabia. From this perspective, forts along the pilgrimage routes such as that at 'Aqaba, were none the less frontier places, mediating relations, whether peaceable or belligerent, between populations who regarded themselves as either belonging to or extraneous to the polity of the Ottoman state. (shrink)

Au début du XXe siècle, si la Chine demeure encore largement une terre vierge pour les explorateurs occidentaux, elle fascine également les chercheurs. Qu'ils soient géographes, géologues, paléontologues ou préhistoriens, tous savent que de formidables découvertes restent à y faire. Suédois et Américains font rapidement le voyage vers l'Empire du Milieu, mais ce sont des Français qui, sur le terrain, vont écrire les plus belles pages de la découverte du Paléolithique de Chine, des premières industries lithiques à l'étude du gisement (...) de l'Homme de Pékin. Pierre Teilhard de Chardin est l'un d'entre eux, qui durant près de vingt ans va parcourir des milliers de kilomètres dans les campagnes et les déserts de Chine et de Mongolie, à la recherche des premiers hommes. Entre 1923 et 1940, il maintient une relation épistolaire avec son port d'attache à Paris, le Muséum national d'histoire naturelle, en la personne de son professeur de paléontologie, Marcellin Boule. Au fil de quatre-vingt-neuf lettres, interrompues par seulement une dizaine de retours vers l'Occident et par sa participation à la fameuse Croisière Jaune Citroën, il décrit, sur fond de rumeurs révolutionnaires évoquées ici et là, ses explorations et ses découvertes à son " Maître et ami ", de vingt ans son aîné, et à qui il voue une dévotion reconnaissante et quasi filiale - " [...] celui à qui je dois tout dans ma carrière scientifique [...] ". Au-delà de sa valeur scientifique, chacune de ces lettres - qu'elle soit écrite du désert de Gobi, des rives du Fleuve Jaune ou à bord d'un véhicule de la Croisière Jaune - est le reflet d'une formidable épopée. Véritable " Journal de bord " d'un savant, cette correspondance se révèle, tout autant que l'écho d'une extraordinaire aventure humaine, la découverte d'un pays prodigieux. (shrink)

In a 2004 paper, Greene and Cohen predicted that neuroscience would revolutionise criminal justice by presenting a mechanistic view of human agency that would change people’s intuitions about retributive punishment. According to their theory, this change in intuitions would in turn lead to the demise of retributivism within criminal justice systems. Their influential paper has been challenged, most notably by Morse, who has argued that it is unlikely that there will be major changes to criminal justice systems in response to (...) neuroscience. In this paper we commence a tentative empirical enquiry into the claims of these theorists, focusing on Australian criminal justice. Our analysis of Australian cases is not supportive of claims about the demise of retributive justice, and instead suggests the possibility that neuroscience may be used by the courts to calibrate retributive desert. It is thus more consistent with the predictive claims of Morse than of Greene and Cohen. We also consider evidence derived from interviews with judges, and this leads us to consider the possibility of a backlash against evidence of brain impairment. Finally we note that change in penal aims may be occurring that is unrelated to developments in neuroscience. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Dune(s)Michel Pierssens, co-founder of SubStance (bio)Any great work of art, be it literary or otherwise, is made of intricate enigmas that admit infinite solutions, indifferent to their content, true or false, since no one holds the key (or Occam style razor) to judge, not even its author. In the best of cases, indeed, the author has produced his œuvre precisely to confront the unknown and face the deadly monsters (...) that make the labyrinths worth exploring in the first place. The reader of the work, or watcher of the painting or film, cannot escape the perilous attraction of the cognitive maelstrom he, hesitantly or trustfully, enters at his own risk. Every word or stroke on canvas or chord or instant shutter of the camera or unending gros plan may hide unexpected doors to impossible worlds, each of them possible nonetheless. Love, hate, crime, lust, power, etc.: every facet of human experience can become scary or exciting forces to be faced, for just an instant or for an inconclusive lifelong struggle. Time is possibly the most intractable of those forces as only unconceivable gods can make of it their plaything. Similar to the desert planet of Frank Herbert's Dune, it harbors unpredictable monsters that destroy anything that moves—unless one learns to dance in an equally unpredictable fashion, winning a reprieve only to end up inescapably a fatality, having met the unavoidable fatum.SubStance has been travelling a much populated and cacophonic desert for fifty years, maintaining, despite the times' ubuesque twists and turns, its acrobatic démarche and tracing its empirical path through the intellectual dunes of two or three generations, collecting as it went many stimulating spices that it shared, avoiding its sale to the highest academic bidder. Editing a journal cannot be compared to the creation of a work of art, but it partakes in its aspiration to question the Known and face the Unknown, with the support of an army of minds devoted to the intriguing study of any cognitive coup de dés. [End Page 13]Michel Pierssens Michel Pierssens is co-founder of SubStance, with Sydney Lévy, and co-founder of the journal Histoires littéraires. He is Emeritus Professor of French literature, Université de Montréal.Copyright © 2023 Johns Hopkins University Press and SubStance, Inc.... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 12.2 (2007) 128-130MuseSearchJournalsThis JournalContents[Access article in PDF]The Future of Environmental PhilosophyIrene J. KlaverEnvironmental philosophy is invitational: it in-vites thinking into life as well as life into thinking. Life is vita in Latin—the same vita as in vital and in vitamins. An in-vita-tion leads to new connections, or a renewal of existing relations. This affects how we understand things. As Wittgenstein says, "understanding [...] consists in (...) the very fact that we 'see connections.'"1 This is the case for philosophy in general, it makes connections, reveals relations between entities, thoughts, and events, which elucidates our understanding. Environmental philosophy has (re-)opened certain realms of relevance to philosophical inquiry by foregrounding our connections to the non-human world. It accommodates the broadest invitation: of life itself, including our relation to the conditions of life.The future of environmental philosophy lies precisely in this broad invitation. That means that it needs to occupy a profoundly interdisciplinary place, at the node of multiple institutions and practices. It deals with global issues on a local level and with the effects of local issues on a global scale. This involves science, policy, economy, law, ethics, aesthetics, religion, history, etc. An environmental philosopher is a specific generalist, someone who can connect various relations, sees the multiple angles in a particular perspective, the world in a grain of sand.The evolved environmental philosopher is a translator, translating various concerns along multiple perspectives. Translation is crucial to an understanding of the viewpoints, positions, and situations of others. Environmental philosophy enlarges the category of the "other" with many more entities. This is not a politically correct move to bring so-called repressed voices to the fore, it is to evoke different modes of knowledge and experience, to enhance cultural imagination2, a crucial component to raising awareness about environmental concerns.In her 1962 book Silent Spring3, Rachel Carson connected pesticide DDT to the decline in some predatory bird populations and sparked the rise of the environmental movement. She triggered a powerful cultural imagination by invoking a future silent spring without the singing of birds. Hegel saw the owl of Minerva as the symbol of wisdom, spreading "its wings only with the falling of the dusk."4 That is, for Hegel understanding arises after the events, philosophy can never be prescriptive. [End Page 128] Environmental philosophy, on the contrary, is engaged thinking, its understanding arises out of the practices of the everyday. The albatross around our neck is of our own shooting. Environmental ethics and environmental justice might stake out basic prescriptive rules, but these are always born from knowledge of—if not a participation in—certain practices. Environmental philosophy's bird is the spotted owl of social-political engagement, the canary in the mineshaft, but also the sparrow in the backyard. Birds that fly from dawn to dusk, seeing and reporting in the light the practical connections that reveal understanding, possible action, communication needs, and suggest a lexicon for translation. In and through practical connections rises therefore translation and understanding.Understanding is a transformative process—it changes our interpretative frameworks. When we see connections we begin to understand how the dead zone in the Gulf of Mexico is related to agriculture in the midwestern United States thousands of miles away, with watersheds within the Mississippi River Basin draining nitrogen fertilizers into the Mississippi, causing hypoxia in the Gulf.5 Environmental philosophy shows how wetlands are not just wastelands but take nitrogen and phosphorus out of the water, buffer "our" coasts, and feed the migrating birds along their long routes. By not seeing these connections, our wetlands are pumped dry; and by abusing our water, springs disappear, major rivers strand in sand, and dead zones emerge in oceans and seas. "These, too, were silent, deserted by all living things," Rachel Carson states, writing about streams.6 In the twenty first century it is no longer a "fable of tomorrow:" silent springs, silent rivers, silent seas.Environmental philosophy is empirical philosophy dealing with big issues such as global warming, biodiversity, and sustainability, but... (shrink)

This paper considers the relation between philosophical discussions of, and social-scientific research into popular beliefs about, distributive justice. The first part sets out the differences and tensions between the two perspectives, identifying considerations which tend to lead adherents of each discipline to regard the other as irrelevant to its concerns. The second discusses four reasons why social scientists might benefit from philosophy: problems in identifying inconsistency, the fact that non-justice considerations might underlie distributive judgments, the way in which different principles (...) of justice can yield the same concrete distributive judgments, and the ambiguity of key terms. The third part distinguishes and evaluates three versions of the claim that normative theorising about justice can profit from empirical research into public opinion: that its findings are food for thought, that they amount to feasibility constraints, and that they are constitutive of normatively justified principles of justice. The view that popular opinion about justice has a strongly constitutive role to play in justifying principles of distributive justice stricto sensu is rejected, but it is argued that what the people think (and what they can reasonably be expected to come to think) on distributive matters can be an important factor for the political theorist to take into account, for reasons of legitimacy, or feasibility, or both. (shrink)