A person incurs inchoate criminal liability when he incites another person or other persons to commit a crime. The most salient characteristic of incitement, in comparison with the other forms of inchoate crime, is the existence of a communication that is made with a view to persuading the addressee to commit an offence. This article explores the question of why incitement should incur criminal liability, and the nature of such liability. It also identifies its distinctive features. The principal focus here (...) is on ambiguity in the putative words of incitement and on questions of gauging whether the words have had any effect on the actions of the addressee. It covers both the standard criminal offences and conduct which, arguably, should not be regulated by the criminal law, thereby raising issues of freedom of speech. Legal issues are set in the context of the common law generally, while drawing on English law in matters of detail. (shrink)

Most rights claims are capable of being analysed in terms of both the competing theories of rights, the will theory and the interest theory. Discussion hitherto has concentrated on particular instances of rights claims which are easily accommodated by the one theory but accommodated only with difficulty (if at all) by the other. Such problematic examples have served to illuminate what is at stake between the rival theories. However, in the case of the right to a public trial, I argue (...) that neither theory is capable of accommodating that particular ‘right’. (shrink)

(No abstract is available for this citation).

Critical response to John Rawls's The Law of Peopleshas been surprisingly harsh) Most of the complaints centre on Rawls's claim that there are no obligations of distributive justice among nations. Many of Rawls's critics evidently had been hoping for a global application of the difference principle, so that wealthier nations would be bound to assign lexical priority to the development of the poorest nations, or perhaps the primary goods endowment of the poorest citizens of any nation. Their subsequent disappointment reveals (...) that, while the reception of Rawls's political philosophy has been very broad, it has not been especially deep. Rawls has very good reason for denying that there are obligations of distributive justice in an international context. (shrink)

This book analyses tensions that arise between the principles of social justice and the need for cooperation to advance collective goals.

In the Phenomenology of Spirit, Hegel discusses marriage in his analysis of the first shape of Spirit, Ethical Life. Since it is analyzed in terms of a particular shape of spirit and set in Ancient Greece, it is difficult to understand both its use in the Phenomenology as well as what claims, if any, he is making about the institution of marriage as such. I aim to show that in this text, marriage functions as a fundamental context in which self‐knowing (...) occurs. (shrink)

The paper offers a new account of the rule of law, revising my previous view, and criticising some alternatives. It focuses on the rule of law's aim to avoid arbitrary government, and on its relation to the essential functions of government. The rule of law requires that government action will manifest an intention to protect and advance the interests of the governed. As such it is almost a necessary condition for the law's ability to meet other moral demands, and it (...) facilitate coordination and cooperation internally and internationally. -/- . (shrink)

Language, meaning, and ek-sistence, by J. J. Kockelmans.--Heidegger's conception of language in Being and time, by J. Aler.--Poetry and language in Heidegger, by W. Biemel.--Heidegger's topology of being, by O. Pöggeler.--Thinking and poetizing in Heidegger, by H. Birault.--Hermeneutic and personal structure of language, by H. Ott.--Ontological difference, hermeneutics, and language, by J. J. Kockelmans.--The world in another beginning: poetic dwelling and the role of the poet, by W. Marx.--Panel discussion.--Heidegger's language: metalogical forms of thought and grammatical specialties, by E. Schöfer.--M. (...) Heidegger's "ontological difference" and language, by J. Lohmann.--Bibliography (p. 365-368). (shrink)

The tendency to test outcomes that are predicted by our current theory (the confirmation bias) is one of the best-known biases of human decision making. We prove that the confirmation bias is an optimal strategy for testing hypotheses when those hypotheses are deterministic, each making a single prediction about the next event in a sequence. Our proof applies for two normative standards commonly used for evaluating hypothesis testing: maximizing expected information gain and maximizing the probability of falsifying the current hypothesis. (...) This analysis rests on two assumptions: (a) that people predict the next event in a sequence in a way that is consistent with Bayesian inference; and (b) when testing hypotheses, people test the hypothesis to which they assign highest posterior probability. We present four behavioral experiments that support these assumptions, showing that a simple Bayesian model can capture people's predictions about numerical sequences (Experiments 1 and 2), and that we can alter the hypotheses that people choose to test by manipulating the prior probability of those hypotheses (Experiments 3 and 4). (shrink)

Most parents lie to their children. They do it for fun, as a method of behaviour control, and to protect children from what they consider to be dangerous truths. At the same time, most parents bring their children up with the message that honesty is a virtue and that lying is usually wrong. How should our practice and our preaching be reconciled? In this paper, I examine the ethics of parental lies. Most philosophers who have written on the ethics of (...) deception have focused on deception of and by autonomous adults. I therefore begin by surveying this literature. Contemporary philosophers have given three types of reason to explain what makes lying wrong (when it is wrong): negative consequences, breaches of trust, and interference with autonomy. I briefly analyze what constitutes a breach of trust and identify four factors that affect how bad a breach is. I then explicate how lying can constitute a wrongful interference with autonomy. A long-running debate concerns whether lying is ethically different than other forms of deception. I argue—briefly—that we do not need to resolve this debate in order to evaluate parental deception. Armed with a framework for what makes lying to autonomous adults wrongful, I turn to the special case of parental lying. Since the parent-child relationship is typically very close, lying to one’s child is a relatively serious breach of trust. This is exacerbated in the case of serious lies that implicate the parent-child relationship or the child’s identity. On the other hand, at least for young children, concerns about autonomy are less significant than for autonomous adults. I close by applying my analysis, along with data on the consequences of parental deception, to different types of parental lie. I argue that lying to one’s child is more rarely justified than is commonly thought, and delineate the circumstances in which it can be justified. (shrink)

Das heftig diskutierte Werk Joseph Beuys? ist eines der einflussreichsten des 20. Jahrhunderts. Sein schöpferischer Reichtum umfasst bildnerische, philosophische und politische Aspekte. Die Aufzeichnungen, Gespräche und Vorträge von Joseph Beuys gehören zu seinem Werk wie seine Zeichnungen, Installationen und Aktionen. Sein bildnerisches Werk konfrontiert mit Rätseln, die nach dem Menschen fragen. Durch deren Aufschlüsseln sucht er ein Denken zu provozieren, das in Intuition umschlägt. Sie setzt kreative Kräfte frei, eine innere Freiheit, durch die der Einzelne auf eine Transformation (...) der Gesellschaft einwirken kann: 'Die einzig revolutionäre Kraft ist die Kraft der menschlichen Kreativität.' Diese Transformation ist die Aufgabe, die Beuys mit dem erweiterten Kunstbegriff gestellt hat.0Mit Aufzeichnungen von 1961, als Beuys Professor an der Kunstakademie wird, beginnt die Chronologie dieser Sammlung. Sie setzt sich fort mit Gesprächen, die durch die politischen Auseinandersetzungen der sechziger und siebziger Jahre führen und Antworten auf seine Arbeiten geben. Mit Beuys' Spürsinn, sich auf sein Gegenüber einzulassen, werden die Gespräche Aktion und bewahren durch ihre Lebendigkeit und Provokation ihre Gegenwart. Der Band erscheint anlässlich des 100. Geburtstags von Joseph Beuys am 12. Mai 2021. (shrink)

Genetic discrimination is becoming an increasingly important problem in the United States. Information acquired from genetic tests has been used by insurance companies to reject applications for insurance policies and to refuse payment for the treatment of illnesses. Numerous states and the United States Congress have passed or are considering passage of laws that would forbid such use of genetic information by health insurance companies. Here we argue that much of this legislation is severely flawed because of the difficulty in (...) distinguishing genetic from nongenetic tests. In addition, barring the use by insurance companies of a genetic test but not a nongenetic test (conceivably for the same multifactorial disease) raises issues of fairness in health insurance. These arguments suggest that ultimately the problems arising from genetic discrimination cannot be solved by narrowly focused legislation but only by a modification of the entire health care system. (shrink)

This comprehensive and accessible volume covers four periods, each with a different focus. From 300 to 750, Canning examines Christian ideas of rulership. The often neglected centuries from 750 to 1050, the Carolingian period and its aftermath, are given special attention. From 1050 to 1290 the conflict between temporal and spiritual power comes to the fore. Finally, in the period from 1290 to 1450, Canning focuses on the confrontation of church and state ideas with political realities.

In the first place, Hans Albert is famous as the spokesperson of Karl Popper’s critical rationalism in the German-speaking world. This is chronologically a bit odd, given that Popper’s first vintage, his Logik der Forschung, appeared in German in 1935 and that his The Open Society and Its Enemies of 1945 appeared in German in 1958. Yet Albert did much to earn this fame: his decades-long indefatigable response to criticisms of Popper’s views in the post-war German philosophical literature and his (...) constant contrast between Popper’s critical rationalism and competing views that were popular in Germany at the time. (shrink)

This essay is concerned with some of Michel Foucault's writings on art. The author talks about the analyses of painting Foucault conducted during the period in which Foucault was developing the philosophical methodology known as archaeology. Despite archaeology's strong epistemological orientation, that methodology gives rise to a form of seeing that suspends the imperatives for the production of meaning that accrue around works of art. Some of the consequences of this suspension are explored in the final section of this essay (...) where the author describes archaeology as giving rise to an artistic‐philosophical thought that operates outside of the bounds of truth and falsity. The author contends that it is particularly well suited for approaching the artistic products created during and after the breakup of mimesis, the European cultural paradigm that articulated strong connections between art – considered as representation – and reality. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Study of the foreign magistri and protomagistri of the medieval cathedral of Ragusa (Dubrovnik) (ca 1130-1350, rebuilt after 1693) reveals the social dynamics of artists’ travel in Mediterranean ports. Building on previous research of the builders’ artistic contexts and references, this analysis combines close reading and comparison of contract documents, discussion of Ragusa’s foreign citizenship law, and questions informed by the sociology of mobility. The study concludes that the governor patrons of Ragusa Cathedral exploited the increased physical and occupational mobility (...) of Adriatic builders, then arrested that mobility by offering the builders social advantages in the form of professional security and a path to citizenship. This balance of mobility at multiple levels manifested in the cathedral’s cosmopolitan and open-ended design. (shrink)

Shaftesbury is widely regarded as an early champion of sentimentalism in ethics, yet no one appears to have succeeded at stating, in terms congenial to modern moral philosophy, a theory of ethics which can appropriately be ascribed to him. Two themes of his doctrine of fellow feeling, I argue, contain implicitly the two basic principles of his ethical system and the proper key to his sentimentalism. Shaftesbury is a sentimentalist in virtue of his attempt to discover a foundation for morality (...) through a study of human emotion, sentiment and desire, rather than by appeal to "reason's" demand for consistency and impartiality in practical choice. Without "natural affection"--sympathy, compassion and fellow concern--not only would humans lack sufficient motivational resources for the practice of altruism in their lives, but any attempt by moralists to rationally justify other-regarding and benevolent moral principles would necessarily be futile. I further clarify the nature of sentimentalism as it speaks to questions both of explanation and of justification by means of a comparison with parts of Thomas Nagel's argument in The Possibility of Altruism . Nagel's rationalist arguments against the feasibility of ethical sentimentalism are by no means conclusive; the sentimentalist account can shed light on important philosophical problems of morality which Nagel's view is ill-equipped to discuss. I then render my own modernized versions of various traditional objections to Shaftesbury's view, and, while acknowledging the presence of several serious problems for contemporary sentimentalism, I argue that the same type of approach which distinguished Shaftesbury from his predecessors and peers is still quite defensible within current moral theory and psychology of ethics. I believe I have achieved my two most significant objectives: to do something to loosen the grip of a certain widely accepted picture of ethics and morality which I take to be misguided--the view that moral principle must be seen to have "rational force" independent of the actual desires, emotions and attachments of human beings--and to get some contemporary handle on the ethical thought of this puzzling and neglected, though very influential, early British Moralist. (shrink)

The attitudes of physicians and drug manufacturers in the US toward patenting pharmaceuticals changed dramatically from the mid-nineteenth century to the mid-twentieth. Formerly, physicians and reputable manufacturers argued that pharmaceutical patents prioritized profit over the advancement of medical science. Reputable manufactures refused to patent their goods and most physicians shunned patented products. However, moving into the early twentieth century, physicians and drug manufacturers grew increasingly comfortable with the idea of pharmaceutical patents. In 1912, for example, the American Medical Association dropped (...) the prohibition on physicians holding medical patents. Shifts in wider patenting cultures therefore transformed the ethical sensibilities of physicians. (shrink)

The sudden collapse of the Communist states in Eastern Europe during the autumn of 1989 is now history. The transformation of the world in 1989 has been reported and commented on through analyses of the political, economic, and social state of affairs that led to one of the most surprising events of the 20th century. However, in many ways this story has been only partially told. This is because of a lack of attention paid to the vital role that the (...) Christian churches played in that transformation. This article seeks to remedy that omission through a brief history of the period. The author utilizes an array of secondary and primary sources in the writing of this history. He was also an observer of most of the revolutions of Eastern Europe and interviewed a number of participants in the dramatic events of 1989. (shrink)

The film Young Adult offers a striking example of vanity and its entanglement with other vices. Mavis Garry is prompted to return to her home town to woo a married, former beau out of vanity: an overweening desire to be admired for her appearance and authorship. Vanity involves wishing to be seen possessing something valuable that others lack and bestowing excessive attention on it, as in Mavis’s repeated physical preening and buffing. Because comparison is central to vanity, it contributes to (...) Mavis’s envy. Vanity also encourages her arrogance by inflating Mavis’s distorted view of her self-worth. At the film’s climax, Mavis’s defects are publicly witnessed, producing in her the salutary moral experience of shame. However, Mavis’s incipient self-awareness and shame are dissipated by a few words from a fawning fan, as the undertow of vanity pulls Mavis beneath the clarity of the moral sensibility that was momentarily evoked by shame. (shrink)

This article views the confrontation between pragmatism and Kant’s Critical undertaking as very possibly the single most consequential agon of contemporary philosophy, given the utter irreconcilability of their respective ways of addressing the concerns of First Philosophy, with regard to the enabling conditions of cognitive realism. Pragmatism favors an informal, fluxive, “instrumentalist” form of empiricism, impossible to complete, opposed to any and all the ontic and epistemic fixities of Kant’s Rationalism. Reason (Vernunft) cannot be more than a fiction. Kant has (...) no supporting criterion of realism. The article proposes an empirical criterion of the distinctive (given) “duality” of sensory “appearings” and “appeareds” (that is, objects) as yielding a plausible “cognitive faculty” (involving “reasoning”—inference, for instance—but not Vernunft) that, in accord with the drift of evolutionism and Aristotle, readily extends to languageless animals as well as humans. It serves as the linchpin of the paper. (shrink)