Two-tiered mixed theories of punishment hold that legislatures should act according to consequentialism, but the judiciary should act according to retributivism. A major motivation for these theories is wanting to preserve the idea that punishment is ultimately justified on consequentialist grounds, without falling prey to the Punishing the Innocent objection. Yet this benefit is illusory. While two-tiered mixed theories successfully avoid the Punishing the Innocent objection narrowly construed, they do not successfully escape the point behind it. This is because cases (...) can be constructed with the same problems as those used to describe the classic Punishing the Innocent objection, just bumped up to the legislature. (shrink)

Libertarians tend to noninterventionists on moral grounds, for which the simplest argument is national sovereignty. Yet, as some have argued, national sovereignty sits uncomfortably with libertarians’ moral individualism. I affirm the interventionists’ rejection of national sovereignty, but offer several reasons for why applying libertarians’ moral individualism to actual wars requires noninterventionism. The first is collateral damage that cannot be justified given interventions’ consistently low probability of success. The second is that creating war zones imposes terror and harm on everyone within (...) a given area, regardless of whether they actually get killed or injured themselves. The third is that a general policy of intervention, and the standing army it requires, has recurring perverse effects on both the intervening country’s population and the world more generally. I then argue that the points raised here against intervention apply to all war, not just interventions, albeit weakened, and distinguish the resulting anti-war position from pacifism. (shrink)

This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...) or the idea that natural rights approaches to property fail because so much of actually-existing property is founded in conquest. In the conclusion, I highlight two areas where libertarian writing on historic injustice is relatively quiet compared with broader writing on these topics: reparations of a less material sort and transitional injustice. Throughout this chapter, I typically refer to American slavery and land theft, but the discussion is meant to apply much further than those two cases. (shrink)

This paper develops a theory of analog representation. We first argue that the mark of the analog is to be found in the nature of a representational system’s interpretation function, rather than in its vehicles or contents alone. We then develop the rulebound structure theory of analog representation, according to which analog systems are those that use interpretive rules to map syntactic structural features onto semantic structural features. The theory involves three degree-theoretic measures that capture three independent ways in which (...) a system can be more or less analog. We explain how our theory improves upon prior accounts of analog representation, provides plausible diagnoses for novel challenge cases, extends to hybrid systems that are partially analog and partially symbolic, and accounts for some of the advantages and disadvantages of representing analogically versus symbolically. (shrink)

There is a basic methodological difference in the way anarchists and non-anarchists think about politics, often more implicit than explicit. Anarchists see politics and justice as being concerns of social institutions, norms, and relations generally – both inside and outside the state. Much of academic political philosophy talks of politics and justice as if they are definitionally concerns about what states should do, or our relationships with each other through the state. In this chapter, we argue that the anarchists are (...) on the right side of this difference. We call the insight that undergirds the anarchists’ understanding of politics and justice “methodological anarchism.” We seek to exorcise the policy framework in favor of methodological anarchism. Indeed, we believe it should be embraced by all political philosophers, not only the anarchists among their ranks. Political philosophers ought to abstain from the policy framework for two reasons. Firstly, it is analytically impoverished inasmuch as, when followed to its logical conclusion, it is unable to engage with enormous areas of analysis that are relevant to what makes a society just or unjust. Secondly, it instills subtle prejudice against other important approaches to mitigating injustice that are unconcerned with public policy. This also carries the danger of lending ideological support for existing injustices and thereby entrenching them. Accepting our critique of the policy framework and adopting methodological anarchism does not necessarily require the acceptance of any kind of substantive political anarchism. But it does mean thinking a bit more like an anarchist about how to make society more just – thus our characterization of it as “methodological.”. (shrink)

In 1929 the newly-reorganized Rockefeller Foundation funded the work of a cross-disciplinary group at Harvard University called the Committee on Industrial Physiology. The committee’s research and pedagogical work was oriented towards different things for different members of the alliance. The CIP program included a research component in the Harvard Fatigue Laboratory and Elton May’s interpretation of the Hawthorne Studies; a pedagogical aspect as part of Wallace Donham’s curriculum for Harvard Business School; and Lawrence Henderson’s work with the Harvard Pareto Circle, (...) his course Sociology 23, and the Harvard Society of Fellows. The key actors within the CIP alliance shared a concern with training men for elite careers in government service, business leadership, and academic prominence. But the first communications between the CIP and the Rockefeller Foundation did not emphasize training in human biology. Instead, the CIP presented itself as a coordinating body that would be able to organize all the varied work going on at Harvard that did not fit easily into one department, and it was on this basis that the CIP became legible to the President of Harvard, A. Lawrence Lowell, and to Rockefeller’s Division of Social Sciences. The members of the CIP alliance used the term human biology for this project of research, training and institutional coordination. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.1 (2003) 211-222 [Access article in PDF] Criticism and the Terror of Nothingness C. Jason Lee DESTINY IS OFTEN ANOTHER NAME for narrative, it being the order we retrospectively find in scattered events. It is traditionally the role of the storyteller to create a believable narrative, with the reader investing attention into believing the story while the critic dissects the results to ascertain whether the (...) magic works. As Wallace Stevens put it, "we orchestrate a whole history and then imprison ourselves in the score, as if someone else had written it." 1 In the author's note to the second edition (1962) of Wise Blood (1949) Flannery O'Connor makes the point that her novel is a comic novel, yet its comedy does not lessen the depth of understanding it offers concerning the complexity of freedom. 2 The obsession with fate and destiny that swamps her characters, leads the reader into a gothic nightmare where humans in their attempt to re-create themselves dig themselves further into the graves of their dead relatives. For O'Connor free will does not mean one will but many wills conflicting in one man, and she explains the integrity of the central character of Wise Blood, Hazel Motes, as stemming from his vigorous attempts to rid himself of the "ragged figure who moves from tree to tree in the back of his mind."This figure is the Jesus of his grandfather, and it is also the religious preoccupation of the Deep South. Destiny has shaped his features and his character in the mold of his grandfather, and whomever he meets believes he too is a preacher. After establishing the Church Without Christ, like many sons attempting to shake off their origin, Hazel Motes realizes that his new way of behaving is in some sense being controlled [End Page 211] by his past and that he must shake off all vestiges to possess freedom. One might argue that, by eventually blinding himself, Hazel Motes is behaving as a soul who has given into the temptation of purgation, as if this is destiny. But it can be argued that this act is going against destiny, as it is an act that is perhaps trying to persuade God of something, despite the Oedipal connotations.Questioned by his landlady why he blinded himself he says to pay, and when asked to pay for what, he replies it does not matter what. Mrs. Flood is frightened of death, particularly death being one long blind existence, and Hazel Motes is a reminder to her of her destiny. This can be read as a judgment on life also. Yet she eventually decides to take care of him, for both altruistic and materialistic reasons, believing that his widow would inherit his war pension. Mrs. Flood, her name evocative of apocalyptic occurrences and Old Testament punishment, is a critic of the text; the text in this instance is nothing written but rather Motes himself. It seems that Hazel Motes, his name a reference to taking the mote out of one's own eye before you try and take the splinter out of another's, is punishing himself for his previous denial of Christ and for his sins, such as fornication, as with Mrs. Watts the prostitute and Sabbath Hawks, and murder, but also something more primal.After trying desperately to break the curse of his biological inheritance, his wise blood, just like the character Enoch Emery, it forces him to once again take on roles that deny him freedom. Hazel Motes may seem to a contemporary reader as a caricature, the mad preacher/antipreacher of the American South, but as V. S. Pritchett puts it, Hazel Motes is "entirely real" (p. viii). His self-blinding is part of his further alienation from the world, the world he has come back to after the "Great War." O'Connor shows how this watershed in human history was so devastating, Motes's new theology entirely rational. After having an insight into the world in reality through war, Hazel Motes is now "going to do some things... (shrink)

The problem of academic dishonesty is as old as it is widespread – dating back millennia and perpetrated by the majority of students. Attempts to promote academic integrity, by comparison, are relatively new and rare – stretching back only a few hundred years and implemented by a small fraction of schools and universities. However, the past decade has seen an increase in efforts among universities to promote academic integrity among students, particularly through the use of online courses or tutorials. Previous (...) research has found this type of instruction to be effective in increasing students’ knowledge of academic integrity and reducing their engagement in academic dishonesty. The present study contributes to this literature with a natural experiment on the effects of the Academic Integrity Course (AIC) at The University of Auckland, which became mandatory for all students in 2015. In 2012, a convenience sample of students (n= 780) had been asked to complete a survey on their perceptions of the University’s academic integrity polices and their engagement in several forms of academic dishonesty over the past year. In 2017, the same procedures and survey were used to collect data from second sample of students (n= 608). After establishing measurement invariance across the two samples on all latent factors, analysis of variance revealed mixed support for the studies hypotheses. Unexpectedly, students who completed the AIC (i.e., the 2017 sample) reported: (1) significantly lower (not higher) levels of understanding, support, and effectiveness with respect to the University’s academic integrity policies; (2) statistically equivalent (not higher) levels of peer disapproval of academic misconduct, and; (3) significantly higher (not lower) levels of peer engagement in academic misconduct. However, results related to participants’ personal engagement in academic misconduct offered partial support for hypotheses – those who completed the AIC reported significantly lower rates of engagement on three of the eight behaviors included in the study. The implications and limitations of these findings are discussed as well as possible future directions for research. (shrink)

Uses an ongoing legal controversy to explore the controversial subject of religious liberty and education.

The purpose of this study was to validate the Korean version of the Student-Athletes’ Motivation toward Sports and Academics Questionnaire using exploratory structural equation modeling. A total of 412 South Korean collegiate student-athletes competing in 27 types of sports from 13 different public and private universities across South Korea were analyzed for this study. ESEM statistical approach was employed to examine the psychometric properties of SAMSAQ-KR. To assess content validity, the SAMSAQ-KR was inspected by a panel of content subject experts. (...) The Athletic Identity Measurement Scale was used to obtain convergent validity. The results of this study illustrated that the SAMSAQ-KR appears to be a robust and reliable instrument. (shrink)

The new science of genomics endeavors to chart the genomes of individuals around the world, with the dual goals of understanding the role genetic factors play in human health and solving problems of disease and disability. From the perspective of indigenous peoples and developing countries, the promises and perils of genomic science appear against a backdrop of global health disparity and political vulnerability. These conditions pose a dilemma for many communities when attempting to decide about participating in genomic research or (...) any other biomedical research. Genomic research offers the possibility of improved technologies for managing the acute and chronic diseases that plague their members. Yet, the history of biomedical research among people in indigenous and developing nations offers salient examples of unethical practice, misuse of data and failed promises. This dilemma creates risks for communities who decide either to participate or not to participate in genomic science research. (shrink)

Japan has one of the highest numbers of high-cost medical devices installed relative to its population. While evaluations of the distribution of these devices traditionally involve simple population-based assessments, an indicator that includes the demand of these devices would more accurately reflect the situation. The purpose of this study was to develop an indicator of the supply–demand balance of such devices, using examples of magnetic resonance imaging scanners (MRI) and extracorporeal shockwave lithotripters (ESWL), and to investigate the relationship between this (...) indicator, personnel distribution statuses and operating statuses at the prefectural level. -/- Using data from nation-wide surveys and claims data from 16 hospitals, we developed an indicator based on the ratio of the supplied number of device units to the number of device units in demand for MRI and ESWL. The latter value was based on patient volume and utilization proportion. Correlation analyses were conducted between the supply–demand balances of these devices, personal distribution and operating statuses. -/- Comparisons between our indicator and conventional population-based indicators revealed that 15% and 30% of prefectures were at risk of underestimating the availability of MRI and ESWL, respectively. The numbers of specialist personnel/device units showed significant, negative correlations with our indicators in both devices. -/- Utilization-based analyses of health care resource placement and utilization status provide a more accurate indication than simple population-based assessments, and can assist decision makers in reviewing gaps between health policy and management. Such an indicator therefore has the potential to be a tool in helping to improve the efficiency of the allocation and placement of such devices. (shrink)

Collapse is a term that has attracted much attention in social science literature in recent years, but there remain substantial areas of disagreement about how it should be understood in historical contexts. More specifically, the use of the term collapse often merely serves to dramatize long-past events, to push human actors into the background, and to mystify the past intellectually. At the same time, since human societies are complex systems, the alternative involves grasping the challenges that a holistic analysis presents, (...) taking account of the many different levels and paces at which societies function, and developing appropriate methods that help to integrate science and history. Often neglected elements in considerations of collapse are the perceptions and beliefs of a historical society and how a given society deals with change; an important facet of this, almost entirely ignored in the discussion, is the understanding of time held by the individuals and social groups affected by change; and from this perspective ‘collapse’ depends very much on perception, including the perceptions of the modern commentator. With this in mind, this article challenges simplistic notions of ‘collapse’ in an effort to encourage a more nuanced understanding of the impact and process of both social and environmental change on past human societies. (shrink)

This research examines the ethical orientations of students (ethical idealism, ethical relativism and Machiavellianism) towards their attitude to plagiarize. It also examines the moderating effect of religious orientation on the relationship of the independent variables toward students’ attitude towards plagiarism. Data was collected from 160 business diploma and undergraduate students from a local private college and a local public university in Malaysia. Results from the hierarchical regression analysis showed that ethical relativism and Machiavellianism had a positive relationship with students’ attitude (...) towards plagiarism whilst ethical idealism was negatively related to students’ attitude towards plagiarism. Religious orientation was found to have no moderating effect on the relationship between the three independent variables: ethical idealism, ethical relativism and Machiavellianism and the dependent variable, students’ attitude towards plagiarism. (shrink)

I have argued that substance ontology cannot be used to determine the moral status of embryos. Patrick Lee, Christopher Tollefsen, and Robert George wrote a Reply to those arguments in this Journal. In that Reply, Lee, Tollefsen, and George defended and clarified their position that their substance ontology arguments prove that the zygote and the adult into which it develops are the same entity that share the same essence. Here, I show the following: Even using the substance ontology framework to (...) which Lee, Tollefsen, and George subscribe, we cannot know when in development substance changes cease. Substance ontology cannot therefore be used to assign moral status to embryos. The Lee, Tollefsen, and George substance ontology framework should not be applied to the study of development or to biological discourse in general, because this framework depends on premises that do not apply. (shrink)

This article describes research to build an embodied conversational agent as an interface to a question-and-answer system about a National Science Foundation program. We call this ECA the LifeLike Avatar, and it can interact with its users in spoken natural language to answer general as well as specific questions about specific topics. In an idealized case, the LifeLike Avatar could conceivably provide a user with a level of interaction such that he or she would not be certain as to whether (...) he or she is talking to the actual person via video teleconference. This could be considered a extended version of the seminal Turing test. Although passing such a test is still far off, our work moves the science in that direction. The Uncanny Valley notwithstanding, applications of such lifelike interfaces could include those where specific instructors/caregivers could be represented as stand-ins for the actual person in situations where personal representation is important. Possible areas that come to mind that might benefit from these lifelike ECAs include health-care support for elderly/disabled patients in extended home care, education/training, and knowledge preservation. Another more personal application would be to posthumously preserve elements of the persona of a loved one by family members. We apply this approach to a Q/a system for knowledge preservation and dissemination, where the specific individual who had this knowledge was to retire from the US National Science Foundation. The system is described in detail, and evaluations were performed to determine how well the system was perceived by users. (shrink)

In various places we have defended the position that a new human organism, that is, an individual member of the human species, comes to be at fertilization, the union of the spermatozoon and the oocyte. This individual organism, during the ordinary course of embryological development, remains the same individual and does not undergo any further substantial change, unless monozygotic twinning, or some form of chimerism occurs. Recently, in this Journal Jason Morris has challenged our position, claiming that recent findings (...) in reproductive and stem cell biology have falsified our view. He objects to our claim that a discernible substantial change occurs at conception, giving rise to the existence of a new individual of the human species. In addition, he objects to our claim that the embryo is an individual, a unified whole that persists through various changes, and thus something other than a mere aggregate of cells. Morris raises a number of objections to these claims. However, we will show that his arguments overlook key data and confuse biological, metaphysical, and ethical questions. As a result, his attempts to rebut our arguments fail. (shrink)

Background: Attending surgeons must maintain balance between promoting education and assuring safe, transparent patient care. This investigation aimed to define ethics that guide surgical training. We hypothesized that resident autonomy in the operating room is influenced by attending approach to patients, specifically patients considered to be vulnerable. Materials and Methods: After IRB approval, surgeons from three institutions were invited to participate in a pilot, survey, exploring how principles of patient autonomy, physician beneficence, nonmaleficence, and justice apply to participant opinions. Responses (...) were transcribed and coded for quantitative and qualitative analysis. Results: 51 attendings and 55 residents completed the survey. We identified that patient autonomy is upheld through transparent consent practices. Intraoperative supervision is a key practice that maintains the principles of physician beneficence and nonmaleficence and mitigates the risk of resident participation. Vulnerable patients were defined by respondents as those unable to participate in their own consent and those limited by social determinants of health and barriers to medical literacy. In contrast, resident participation is not limited in the care of vulnerable patients but is restricted in cases of higher complexity and those procedures deemed to have lower error margins. Conclusions: Although residents measure the success of their training based on their level of intraoperative independence, autonomy afforded to the resident does not only depend on objective skill. There are ethical considerations that the attending must navigate as they decide on effective teaching and safe surgical management, which is especially relevant in the care of complex cases. (shrink)

This book provides practical and research-based chapters that offer greater clarity about the particular kinds of teacher reflection that matter and avoids talking about teacher reflection generically, which implies that all kinds of reflection are of equal value.

While defining martial arts is not prerequisite to philosophizing about them, such a definition is desirable, helping us resolve disputes about the status of hard cases. At one extreme, Martínková and Parry argue that martial arts are distinguished from both close combat (as unsystematic) and combat sports (as competitive), and from warrior arts (as lethal) and martial paths (as spiritual). At the other extreme, mixed martial arts pundits and Bruce Lee speak of combat sports generally as martial arts. I argue (...) that the fine-grained taxonomy proposed by Martínková and Parry can be usefully supplemented by a broader definition, specifically the following: martial arts are systematic fighting styles and practices as ways of embodying wisdom. A possible difficulty here is that such views face the charge of overemphasizing the “philosophical” aspect of martial arts. My definition can, however, avoid this apparent problem. If martial arts essentially aim to embody wisdom, this applies no less to the (strategic) practical wisdom of The Art of War than to the (ethical) practical wisdom of the Tao Te Ching. In an extended sense, then, any systematic fighting style, including combat sports, may count as a martial art insofar as it embodies wisdom by improving practical fighting skills. (shrink)

An introductory lecture on ethics -- The pharmakon artist -- Building the theater of being -- Against perennial philosophy -- Verse 4:34 -- A critique of Shiite esotericism -- Spinoza, the untimely one -- Aliens and the moral law -- Serpent power of the superman -- Paranormal phenomenology -- Trial goddess -- Wittgenstein's incoherent ethics -- Black sunrise -- Prisoners of property and propriety -- Free will vs. logical determinism -- Rewriting God's plan -- Changing destiny -- Notes on the (...) tao of Bruce Lee -- Philosophy, science, and art -- Gotham guardian. (shrink)

When are logical theories equivalent? I discuss the notion of ground-equivalence between logical theories, which can be useful for various theoretical reasons, e.g., we expect ground-equivalent theories to have the same ontological bearing. I consider whether intertranslatability is an adequate criterion for ground-equivalence. Jason Turner recently offered an argument that first-order logic and predicate functor logic are ground-equivalent in virtue of their intertranslatability. I examine his argument and show that this can be generalized to other intertranslatable logical theories, which (...) supports the following: intertranslatability implies ground-equivalence. I also argue, however, that this ground-equivalence argument can be challenged as it faces a dilemma. The dilemma arises because the argument allows two distinct readings, the ‘internal’ and the ‘external’ reading. I argue that the argument turns out to be unsuccessful in both readings. The upshot of this dilemma in both philosophy of logic and metaphysics is considered. (shrink)

This paper provides an exposition of the structuralist approach to underdetermination, which aims to resolve the underdetermination of theories by identifying their common theoretical structure. Applications of the structuralist approach can be found in many areas of philosophy. I present a schema of the structuralist approach, which conceptually unifies such applications in different subject matters. It is argued that two classic arguments in the literature, Paul Benacerraf’s argument on natural numbers and W. V. O. Quine’s argument for the indeterminacy of (...) translation, can be analyzed as instances of the structuralist schema. These two applications illustrate different kinds of conclusions that can be drawn through the structuralist approach; Benacerraf’s argument shows that we can derive an ontological conclusion about the given subject matter, while Quine’s structuralist approach leads to a semantic conclusion about how to determine linguistic meanings given radical translation. Then, as a case study, I review a recent debate in metaphysics between Shamik Dasgupta, Jason Turner, and Catharine Diehl to consider the extent to which different instances of the structuralist schema are conceptually unified. Both sides of the debate can be interpreted as utilizing the structuralist approach; one side uses the structuralist approach for an ontological conclusion, while the other side relies on a semantic conclusion. I argue that this has a strong dialectical consequence, which sheds light on the conceptual unity of the structuralist approach. (shrink)

The aim of this article is to show that what Gaston Bachelard called the “psychology of the imagination” often doubles as moral psychology. In Water and Dreams, for example, Bachelard presents “water’s morality,” which is a morality attained by an imagination of water’s purity. Similarly, in Air and Dreams, he explores the aerial imagination that forms the moral thought in Thus Spoke Zarathustra and calls the will to dynamism in Nietzschean philosophy “an experimental physics of moral life.” In Earth and (...) Reveries of Will, numerous terrestrial images are considered and the moralities they embody are discussed—among them the supreme hardness of the oak tree in Virginia Woolf’s Orlando and the “counsel of solidity” it gives. As Bachelard becomes more inclined to call his endeavor a “phenomenology of the imagination,” concern for morality becomes less pronounced. And yet in two of his later works, The Poetics of Space and The Poetics of Reverie, Bachelard continues to delve into the ways imagination allies with moral life. Sensitively heeding the solicitations from the material world and our responses to them, Bachelard’s psychology of the imagination is a project of self-knowledge of an unusual sort: it uncovers “the autobiography of lost possibilities” and revives confidence in human strength. Finally, a comparison between Bachelard’s moral psychology with the work of Theodor Adorno and of John McDowell shows that its philosophical significance is best viewed as a re-enchantment project—the re-enchantment of nature and our relationship with it. (shrink)

The essays in this volume are all concerned with the arguments about law as a system of rule-based decision-making,particularly the ideas advanced by legal philosopher Frederick Schauer. Schauer's work has not only helped revive interest in legal formalism but has also helped relocate arguments about the relationship between posited rules and morality. The contributors to this volume, themselves distinguished theorists, have concentrated on three aspects of Schauer's work: the nature of jurisprudential description; his theory of presumptive positivism; and the application (...) of his theory of rule-based decision-making to other areas of legal and moral thought. Contributors: Larry Alexander, Brian Bix, Philip Bobbitt, Marianne Constable, Michael C. Dorf, Jeremy Elkins, Claire Oakes Finkelstein, Leo Katz, Jason Johnston, Dennis Patterson. (shrink)

I call "material continuation" the fact of one material thing or event being followed by another in time. In this article, I address the question why material continuation obtains, as it seems to do. Johanna Seibt's theory of dynamism promises to explain material continuation by reference to Aristotle's concept of energeia. I argue that her account fails to explain how one thing at one time might be followed by another at another.

Those who wish to claim that all facts about grounding are themselves grounded (“the meta-grounding thesis”) must defend against the charge that such a claim leads to infinite regress and violates the well-foundedness of ground. In this paper, we defend. First, we explore three distinct but related notions of “well-founded”, which are often conflated, and three corresponding notions of infinite regress. We explore the entailment relations between these notions. We conclude that the meta-grounding thesis need not lead to tension with (...) any of the three notions of “well-founded”. Finally, we explore the details of and motivations for further conditions on ground that one might add to generate a conflict between the meta-grounding thesis and a well-founded constraint. We explore these topics by developing and utilizing a formal framework based on the notion of a grounding structure. (shrink)