Retributive restrictions are principles of justice according to which what a criminal deserves on account of his individual conduct and character restricts how states are morally permitted to treat him. The main arguments offered in defense of retributive restrictions involve thought experiments in which the state punishes the innocent, a practice known as telishment. In order to derive retributive restrictions from the wrongness of telishment, one must engage in moral argument from generalization. I show how generalization arguments of the same (...) form can be used subversively to derive morally unacceptable conclusions from other scenarios in which the state intentionally inflicts undeserved coercion. For example, our considered moral convictions approve of punishment policies that inflict collateral damage, such as the ubiquitous policy of excluding the family members of inmates from prison facilities outside visiting hours. I present a generalization argument for the conclusion that these policies are seriously unjust. If we firmly believe that these policies are not unjust, then we should put less stock in generalization arguments. We should not use them to support retributive restrictions. This conclusion has broad implications for the theory and practice of criminal justice. (shrink)

Legal theorists in this century have often perceived a need for a theory capable of occupying a stable middle ground between natural law theory and nineteenth-century legal positivism. The prolific German-American legal philosopher, Hans Kelsen, was perhaps not the first to feel the need for such a theory, but he was certainly among the first to attempt to construct one. n1 Although Kelsen's own efforts failed, in many ways they defined the ambitions of twentieth-century legal theory and inspired others to (...) take up the challenge. In order to understand the nature of the challenge, which confronts us still today, it is helpful to examine central difficulties with Kelsen's own Pure Theory of Law. (shrink)

: Biomedical ethicists often assume that common morality constitutes a largely consistent normative system. This premise is not taken for granted in general normative ethics. This paper entertains the possibility of inconsistency within common morality and explores methodological implications. Assuming common morality to be inconsistent casts new light on the debate between principlists and descriptivists. One can view the two approaches as complementary attempts to evade or transcend that inconsistency. If common morality proves to be inconsistent, then principlists might have (...) reason to prefer a less pluralistic theory, thereby moving closer to descriptivism. Descriptivists, by contrast, might want to qualify their claim to accommodate all of people's basic moral convictions. Finally, both camps might wish to adopt a more revisionist posture, accepting that an adequate ethical theory occasionally will contradict some of people's deepest moral convictions. Proper application of the method of reflective equilibrium, to which both descriptivists and principlists claim allegiance, may entail greater openness to revisionism than either camp admits. (shrink)

In response to the charge that deontic ("argent-centered") restrictions are paradoxical, several recent writers suggest that such restrictions find support within T.M. Scanlon's contractualism. I suggest that this claim is only interesting if these restrictions are stronger than those supported by indirect consequentialism. I argue that contractualism cannot support restrictions any stronger than those supported by indirect consequentialism. The contractualists have mislocated the source of the paradox, which arises under any theory that defines right action in patient-focused terms. Consequentialism and (...) contractualism share this feature, so contractualism cannot support stronger deontic restrictions than consequentialism supports. (shrink)

Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.

Principle monists believe that our moral duties, such as fidelity and non-maleficence, can be justified in terms of one basic moral principle. Principle pluralists disagree, some suggesting that only an excessive taste for simplicity or a desire to mimic natural science could lead one to endorse monism. In Ideal Code, Real World (Oxford, 2000), Brad Hooker defends a monist theory, employing the method of reflective equilibrium to unify the moral duties under a version of rule consequentialism. Hooker's arguments have drawn (...) powerful criticisms from pluralists such as Alan Thomas, Phillip Montague and Philip Stratton-Lake. Against these critics, I argue that Hooker's monism enjoys certain practical advantages associated with the simplicity of a single basic principle. These advantages are often overlooked because they appear primarily in cases of second-order deliberation, in which one must decide whether our basic moral duties support a certain derivative duty. I argue that these advantages of monism over pluralism are analogous to the advantages that generalists claim over moral particularism. Because pluralists are generalists, I conclude that they are in an awkward dialectical position to dismiss Hooker's monism for the reasons they usually offer. (shrink)

Aspects of Law and Legal Systems -- Courts and Legal Reasoning -- Making, Justifying, and Evaluating Law -- Law and Individual Obligation -- Private Law -- Criminal Law -- Sentencing and punishment-- Statutes -- Constitutions -- International Law.

This best-selling anthology of readings with case studies provides insightful and comprehensive treatment of ethical issues in medicine. Appropriate for courses taught in philosophy departments, bioethics programs, as well as schools of medicine and nursing, the collection covers such provocative topics as biomedical enhancement, clinical trials in developing countries, animal research, physician-assisted suicide, and health care reform. The text's effective pedagogical features include chapter introductions, argument sketches, explanations of medical terms, headnotes, and annotated bibliographies.

Scanlonian contractualism rejects the consequentialist assumptions about morality, value, and rationality in virtue of which deontological constraints appear paradoxical. And yet, Jeffrey Brand-Ballard and Robert Shaver have claimed that it cannot succeed in defending the said restrictions. That is because they see Scanlon’s tie-breaking argument as threatening to justify aggregation in paradox of deontology cases. I argue that this claim rests upon a failure to appreciate contractualism’s relational character. Once we take this feature of the view into account, it (...) becomes clear that the tie-breaking argument is ruled out in cases where the only way for us to prevent several killings would be to commit one ourselves. To show this, I provide a contractualist explanation of why our duty not to harm persons is stricter than our duty to help them when they are threatened with harm. I conclude by distinguishing two ways in which this defense of deontological restrictions might bring contractualism objectionably close to absolutism. (shrink)

Repeat offenders receive longer sentences than first offenders in virtually every modern jurisdiction. Such prior-record enhancements are politically popular. Scholars are more divided, especially regarding severe enhancements. Retributivists have long disagreed about which enhancements, if any, are morally justifiable and on what basis. This article advances the debate, offering lessons for retributivists on all sides. I address an intuitive argument that justifies enhancements in terms of character. This argument has been caricatured and dismissed, with defenders of enhancements preferring character-independent arguments. (...) I reconstruct an argument for enhancements that assumes recidivism constitutes evidence of culpability-aggravating character traits. The argument seems at least coherent, inferentially valid, and intuitively plausible. I then raise what I see as the real threats to the argument, which are neither conceptual nor normative, but empirical. I identify some formal features that the character argument requires of culpability-aggravating traits. To support enhancements, such traits must also correlate properly with criminal records. One place to look for characterizations of such traits, and evidence of correlation, is criminology, in theories of criminogenesis and criminality. I conclude that character arguments for prior-record enhancements cannot be dismissed, although their thorough evaluation awaits answers to complex empirical questions. (shrink)

Physician religion/spirituality has the potential to influence the communication between physicians and parents of children at the end of life. In order to explore this relationship, the authors conducted two rounds of narrative interviews to examine pediatric physicians’ perspectives (N=17) of how their religious/spiritual beliefs affect end–of–life communication and care. Grounded theory informed the design and analysis of the study. As a proxy for religiosity/spirituality, physicians were classified into the following groups based on the extent to which religious/spiritual language was (...) infused into their responses: Religiously Rich Responders (RRR), Moderately Religious Responders (MRR), and Low Religious Responders (LRR). Twelve of the 17 participants (71%) were classified into the RRR or MRR groups. The majority of participants suggested that religion/spirituality played a role in their practice of medicine and communication with parents in a myriad of ways and to varying degrees. Participants used their religious/spiritual beliefs to support families’ spirituality, uphold hope, participate in prayer, and alleviate their own emotional distress emerging from their patients’ deaths. (shrink)

Four arguments are examined in order to assess the state of the Intelligent Design debate. First, critics continually cite the fact that ID proponents have religious motivations. When used as criticism of ID arguments, this is an obvious ad hominem. Nonetheless, philosophers and scientists alike continue to wield such arguments for their rhetorical value. Second, in his expert testimony in the Dover trial, philosopher Robert Pennock used repudiated claims in order to brand ID as a kind of pseudoscience. His arguments (...) hinge on the nature of methodological naturalism as a metatheoretic shaping principle. We examine the use of such principles in science and the history of science. Special attention is given to the demarcation problem. Third, the scientific merits of ID are examined. Critics rightly demand more than promissory notes for ID to move beyond the fringe. Fourth, although methodological naturalism gets a lot of attention, there is another shaping principle to contend with, namely, conservatism. Science, like most disciplines, tends to change in an incremental rather than revolutionary manner. When ID is compared to other non- or quasi-Darwinian proposals, it appears to be a more radical solution than is needed in the face of the anomalies. (shrink)

In this essay, the philosophies of John Dewey and Martin Heidegger are compared specifically on the topic of the productionist metaphysics. In this comparison, the readings of Larry Hickman and Michael E. Zimmerman are utilized to highlight the noted philosophers’ views. In Hickman’s reading of Dewey, production is the key virtue of the entire pragmatic theory and the evolution of humanity through the improvement of technique and productivity the focus of human life.Hickman’s reading of Dewey, deemed the “technological” reading of (...) Dewey, provides proof of support of the productionist metaphysics view of the West that Heidegger deemed as the root of the “darkening” of the world. To illustrate the historical calamity that Heidegger deemed directly connected to this brand of metaphysics, which he believed began with the ancient Greeks and since has expanded to all areas of human life, the reading of Zimmerman is applied. (shrink)

Under the general tutelage of Kant, Charles Sanders Peirce (1839–1914) introduced American pragmatism to yet another philosophical dialectic: between a neglected transcendental instinct and earthly authorities. The dialectic became Peirce’s response to various evolutionary schemes in the 19th century. Guided by the recollected voices of Socrates, Jesus, St. John, Anselm, and Kant, as well as his own brand of pragmatism, Peirce eventually developed a “Neglected Argument for the Reality of God” a century ago, in 1908. Here, Peirce endorsed a more (...) adventurous god than ecclesiastical or theological authorities could imagine, a god of love (agapism) and chance (tychism), but still rife with fallibility. (shrink)

ABSTRACT:This essay argues for the importance of formalizing public engagement efforts around bioethics as something we might call "bioethics communication," and it outlines the Johns Hopkins Berman Institute of Bioethics' plans for engaging in this effort. Because science is complex and difficult to explain to nonexperts, the field of science communication has arisen to meet this need. The field involves both a practice and a subject of empirical research. Like science, bioethics is also complex and difficult to explain, which is (...) why the world needs bioethics communication. The authors are engaged in a brand-new effort to establish the sort of public bioethics efforts that would constitute bioethics communication, through a program which they call the Dracopoulos-Bloomberg iDeas Lab. The authors invite colleagues to experiment and learn with them as they invest in the development of bioethics communicators and their products. (shrink)

ABSTRACT Jeffrey Friedman’s Power Without Knowledge builds a critical epistemology of technocracy, rather than a democratic argument against it. For its democratic critics, technocracy is illegitimate because it amounts to the rule of cognitive elites, violating principles of mutual respect and collective self-determination. For its proponents, technocracy’s legitimacy depends on its ability to use reliable knowledge to solve social and economic problems. But Friedman demonstrates that to meet the proponents' “internal,” epistemic standard of legitimacy, technocrats would have to reckon (...) with the heterogeneity of people’s ideas, which he presents as one of two aspects of a political anthropology of ideational beings. The other aspect is ideational determinism: the shaping of our conscious actions by our interpretations, and of our interpretations by “ideational exposures”. For the most part, our symposiasts agree with this anthropology or leave it uncontested, but they fall back on democratic theory to point toward alternatives to technocracy. This raises the question, which Friedman does not ask, of whether his political anthropology undermines a certain brand of democratic theory: the liberal brand that attaches respect to people’s opinions as products of “free reflection,” i.e., as underdetermined. (shrink)

In this article, I propose a business paradigm that allows and enables the integration of environmental ethics into business decisions while creating a competitive advantage through the use of an ethical framework based on classical American pragmatism. Environmental ethics could be useful as an alternative paradigm for business ethics by offering new perspectives and methodologies to grant consideration of the natural environment. An approach based on classical American pragmatism provides a superior framework for businesses by focusing on experimentation and innovation, (...) driving a long-term focus, and providing actionable clarity. Under a pragmatic approach to ethics, the choice for sustainability becomes self-evident for business performance and moral reasons. (shrink)

Husserl is well known for his critique of the “mathematizing tendencies” of modern science, and is particularly emphatic that mathematics and phenomenology are distinct and in some sense incompatible. But Husserl himself uses mathematical methods in phenomenology. In the first half of the paper I give a detailed analysis of this tension, showing how those Husserlian doctrines which seem to speak against application of mathematics to phenomenology do not in fact do so. In the second half of the paper I (...) focus on a particular example of Husserl’s “mathematized phenomenology”: his use of concepts from what is today called dynamical systems theory. (shrink)

I develop a “two-systems” interpretation of Husserl’s theory of belief. On this interpretation, Husserl accounts for our sense of the world in terms of (1) a system of embodied horizon meanings and passive synthesis, which is involved in any experience of an object, and (2) a system of active synthesis and sedimentation, which comes on line when we attend to an object’s properties. I use this account to defend Husserl against several forms of Heideggerean critique. One line of critique, recently (...) elaborated by Taylor Carman, says that Husserl wrongly loads everyday perception with explicit beliefs about things. A second, earlier line of critique, due to Hubert Dreyfus, charges Husserl with thinking of belief on a problematic Artificial Intelligence (AI) model which involves explicit rules applied to discrete symbol structures. I argue that these criticisms are based on a conflation of Husserl’s two systems of belief. The conception of Husserlian phenomenology which emerges is compatible with Heideggerean phenomenology and associated approaches to cognitive science (in particular, dynamical systems theory). (shrink)

Many philosophers of emotion, whether perceptual or cognitive theorists, have claimed that emotions represent evaluative properties. This is often supported by an appeal to the fittingness of emotion: that emotions can be fitting shows they represent evaluative properties. In this paper, however, I argue that this inference is much too fast. In fact, no aspect of the rational assessment of emotion directly supports the claim that emotions represent evaluative properties. This inference can, however, be matured into an inference to the (...) best explanation. But this requires coming to terms with a significant emerging rival, the attitudinal theory of emotion. In this paper, I show how this can be accomplished and the inference from fittingness to content saved. (shrink)

There has been a lot of discussion recently regarding abstract artifacts and how such entities (e.g., fictional characters like Sherlock Holmes, and mythological planets like Vulcan), if they indeed exist, could possibly be our creations. One interesting aspect of some of these debates concerns the extent to which creative intentions play a role in the creation of artifacts generally, both abstract and concrete. I here address the creation of concrete artifacts in particular. I ultimately defend a Brock-inspired, heterodox view on (...) which creative intentions are not at all necessary for the creation of concrete artifacts. A concrete artifact is just a hunk of matter having a certain configuration owing to human activity and, given that configuration, is disposed to participate in other human activities. (shrink)

I show that the quantum state ω can be interpreted as defining a probability measure on a subalgebra of the algebra of projection operators that is not fixed (as in classical statistical mechanics) but changes with ω and appropriate boundary conditions, hence with the dynamics of the theory. This subalgebra, while not embeddable into a Boolean algebra, will always admit two-valued homomorphisms, which correspond to the different possible ways in which a set of “determinate” quantities (selected by ω and the (...) boundary conditions) can have values. The probabilities defined by ω (via the Born rule) are probabilities over these two-valued homomorphisms or value assignments. So any universe of interacting systems, including those functioning as measuring instruments, can be modelled quantum mechanically without the projection postulate. (shrink)

Should the authority to make treatment decisions be extended to the competent patient's family? Neither arguments from fairness nor communitarian concerns justify such an infringement on patient autonomy.

After 100+ years of studying syllogistic reasoning, what have we learned? Well, Riesterer and colleagues suggest that we have learned to throw away most of the data! If that seems like a bad idea to you then, be assured, that the authors agree with you. The sad fact is that the conclusion of “No Valid Conclusion” (NVC) is one of the most frequently selected responses in syllogistic reasoning but these “majority data” have been ignored by most researchers. Riesterer and colleagues (...) introduce heuristic rules for predicting NVC and provide directions to modelers on how to up their game. (shrink)

Finding disjunctivist versions of direct realism unexplanatory, Mark Johnston [(2004). Philosophical Studies, 120, 113–183] offers a non-disjunctive version of direct realism in its place and gives a defense of this view from the problem of hallucination. I will attempt to clarify the view that he presents and then argue that, once clarified, it either does not escape the problem of hallucination or does not look much like direct realism.