In this short paper, I shall answer the title’s question first in the context of criminal law and then in the context of tort law. In that latter section, I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus. My conclusions will be that strict liability is never proper as the basis for retributive punishment; that it is a very crude device for achieving deterrence through (...) nonretributive penalties; and that with respect to tort liability, it is best justified as a means of defining insurance categories. (shrink)

In this short article I examine whether and how one’s minor culpability in giving rise to an instance of otherwise justified defense affects the defense and affects the act giving rise to it.

This short but highly ambitious book asks us to rethink the evolution of the ideas on which modern states are built. Larry Siedentop argues that the core of what is now our system of beliefs, liberalism, emerged much earlier than generally recognised, established not in the Renaissance but by the arguments of lawyers and philosophers in the twelfth and thirteenth centuries. There are large parts of the world--fundamentalist Islam; quasi-capitalist China--where other belief systems flourish. Faced with these challenges, (...) understanding our own ideas' origins is more than ever an important part of knowing who we are."--Publisher's Web site. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Guibert of Tournai's Letter to Lady Isabelle:An Introduction and English TranslationLarry F. Field, Jacques Dalarun, Sean L. Field, and Guibert of TournaiIntroductionGuibert, from the noble family of As-Piès, was born near Tournai around 1200. From his hometown he traveled to Paris for his art degree, and completed the curriculum in theology there before entering the Franciscan Order around 1240. He may have participated in Louis IX's crusade of 1248, (...) but, if so, was surely back in Paris by 1254 at the latest, since he preached a cycle of sermons de dominicis et de sanctis to the university community before summer 1255.1 His regency as Franciscan master of theology at Paris was probably around 1259–1261,2 about the time he [End Page 31] completed his Eruditio regum et principum for Louis IX,3 and began his most substantial work, the Erudimentum doctrinae.4 Other significant treatises include his De pace et animi tranquillitate (ca. 1275)5 written for Marie de Dampierre, and the Collectio de scandalis ecclesiae, prepared for the Second Council of Lyon.6 Guibert died in Tournai on 7 October 1284.7Sometime around 1254, Guibert wrote a long letter of spiritual advice to Isabelle (1225–70), the sister of King Louis IX.8 Isabelle was herself a remarkable figure. She had rejected several proposals of marriage, including that with Conrad, the heir to Emperor Frederick II, in 1243, in spite of pressure from her family and Pope Innocent IV. But following a bout of serious illness at about that time,9 her family accepted her [End Page 32] decision to remain unwed. There is no evidence, however, that Isabelle ever pronounced a formal vow of virginity. Through the 1250s she simply remained at the Capetian court as a virgin princess with an increasing reputation for piety and indeed holiness, praised in lavish terms by Innocent IV in 1253 and Alexander IV in 1256.10 This piety took a distinctly Franciscan turn by 1254, when Pope Innocent IV granted her request for Franciscan confessors,11 which would ultimately result in her foundation of Longchamp, a house of Sorores minores just west of Paris, by 1260.12 Guibert's letter shows no awareness of such a project, indicating that it must have been written before spring 1255, by which time the land for Longchamp was being purchased on Isabelle's behalf.13 Guibert thus wrote at the moment when Isabelle was forming her first ties to the Franciscans, but well before her move to Longchamp, where she lived out the 1260s as resident lay patron (but never a nun).Guibert's Letter is really a short treatise of spiritual and moral advice, tailored to a celibate princess. It is organized around Psalm 44:14–15, All the glory of the king's daughter is within in golden fringes, clothed around with varieties. In a five-part structure, the king's daughter stands for a heavenly inheritance; glory within represents internal purity; gold indicates virginity; the fringes are a sign of humility; and clothed around with varieties points to honest comportment. The resulting "royal garment," however, is rather unequally woven together, with section one on the "heavenly inheritance" and the intertwined sections three and four on virginity and humility receiving by far the most space. In fact, section one forms a sort of treatise-within-a-treatise, organized as a ten-step ascent to the heavenly inheritance awaiting the daughter of the king. [End Page 33]The Letter to Lady Isabelle was first edited by Alphonse de Poorter in 1931, from a manuscript which contained only part of the text.14 The full text was brought into print by Sean Field in 2003,15 and translated into French by Jacques Dalarun in 2014.16 Yet in spite of these advances, the Letter has remained little noticed by scholars. Anne-Hélène Allirot offered several perceptive pages in 2010, stressing the way Guibert's treatment of hereditas implies that female members of the royal family might be particularly able to embody Capetian claims to holiness.17 That same year, in the only recent article dedicated specifically to this Letter, Rina Lahav... (shrink)

Wee people at London, are so humbly immersd in slavish business, & taken up wth providing for a wretched Carkasse; yt there's nothing almost, but what is grosse & sensuall to be gotten from us. If a bright thought springs up any time here, ye Mists & Foggs extinguish it again presently, & leaves us no more, yn only ye pain, of seeing it die & perish away from us. Humphrey Ditton to Roger Cotes, ca. 1703THE CALCULUS OF ACCOMPLISHMENTDuring the (...) last decade of his life, Sir Isaac Newton took the measure of achievement. Probably shortly before 1725, Newton scribbled on the undated cover of a letter a brief list of those discoveries he believed belonged entirely ‘to the English’. Included were ‘the variation of the Variation’ ; the circulation of the blood; telescopic sights and the micrometer variously improved by his contemporaries, Robert Hooke and John Flamsteed; and ‘the Libration of the Moon’ likely in reference to Newton's own explanation of lunar eccentricity. Notably, this was not simply a personal calculation. Newton makes no mention of such controversial matters as the fluxional calculus, the refraction of light, or even the measure of universal gravitation, which he otherwise might have claimed as his own efforts. Even the private lights of the solitary genius could still accommodate a distinctly broader sense of the depth of national accomplishment. (shrink)

This collection of quotes demonstrates the elegant simplicity of Ai Weiwei's thoughts on key aspects of his art, politics, and life. A master at communicating powerful ideas in astonishingly few words, Ai Weiwei is known for his innovative use of social media to disseminate his views. The short quotations presented here have been carefully selected from articles, tweets, and interviews given by this acclaimed Chinese artist and activist. The book is organized into six categories: freedom of expression; art and (...) activism; government, power, and moral choices; the digital world; history, the historical moment, and the future; and personal reflections. Together, these quotes span some of the most revealing moments of Ai Weiwei's eventful career--from his risky investigation into student deaths in the 2008 Sichuan earthquake to his arbitrary arrest in 2011--providing a window into the mind of one of the world's most electrifying and courageous contemporary artists. (shrink)

L.M. Siedentop's short introduction to Tocqueville's life, work, and contribution to modern political theory demonstrates lucidly both the force and the subtleties of Tocqueville's ideas, and their importance for societies now embracing modern democracy.

The relationship between emotional arousal and long-term memory is addressed in two experiments in which subjects viewed either a relatively emotionally neutral short story or a closely matched but more emotionally arousing story and were tested for retention of the story 2 weeks later. Experiment 1 provides essential replication of the results of Heuer and Reisberg and illustrates the common interpretive problem posed by the use of different stimuli in the neutral versus emotional stories. In Experiment 2, identical slides (...) were used in both the neutral and arousal stores. Two different stories were created by varying the narration that accompanied each slide. In both experiments, subjects who viewed the arousal story both experienced a greater emotional reaction to the story than did the subjects who viewed the neutral story, and subsequently exhibited enhanced memory for the story. Subjects in Experiment 2 who viewed the arousal story also recalled more slides than did the subjects who viewed the neutral story. This effect was greatest for story phase 2, the phase in which the emotional slide narration occurred. Because this enhanced retention of the story slides cannot be explained by any differences in the slides themselves, the results provide new evidence to support the contention that emotional arousal influences long-term memory in normal human subjects. (shrink)

In this short essay the author deals with the fundamental question of whether the Inference to the Best Explanation (IBE) model has sufficient grounds to be considered as a substitute of the current criminal standard of proof (proof Beyond All Reasonable Doubt). After giving an overview of the IBE model as proposed in more general fields such as epistemology and the philosophy of science, and after concluding that the IBE has failed as a model of the acceptance and rejection (...) of scientific theories, the author analysis its plausibility when applied as a decision rule for inferring if the accused is guilty or not.Resumen:En este artículo, el autor aborda la cuestión fundamental de si el modelo de la Inferencia a la Mejor Explicación (IME) es adecuado o no para fungir como sustituto del Estándar de Prueba (E de P) actual que rige en materia penal en los Estados Unidos de América (prueba más allá de toda duda razonable). Luego de una breve exposición del esquema general de la IME propuesto en los terrenos de la epistemología y la filosofía de la ciencia, y luego de concluir que se trata de un modelo deficiente para explicar la actividad consistente en la aceptación y rechazo de teorías científicas, el autor procede al análisis específico de su aplicación en el campo de la decisión (de un juez o jurado) relativa a la culpabilidad o inocencia del penalmente inculpado. (shrink)

My contribution to this symposium is short and negative: There are no theoretical problems that attach to one’s causing the conditions that permit him to claim a defense to some otherwise criminal act. If one assesses the culpability of an actor at each of the various times he acts in a course of conduct, then it is obvious that he can be nonculpable at T2 but culpable at T1, and that a nonculpable act at T2 has no bearing on (...) whether an actor was culpable at T1 when he caused the circumstances that are exculpatory with respect to his act (or conduct) at T2. Moreover, as I interpret the Model Penal Code, it gets matters close to right on this point. (shrink)

In every philosopher’s career, there comes a time to look back on accomplishments, assess achievements, evaluate one’s place in a canon that dates to an era when Ancient Greeks still roamed the Earth. Perhaps many of you have wondered when I’d finally get around to doing this. Sadly, this is not the night for that splendid occasion. Do not pretend to hide your disappointment. Also, do not hesitate to point fingers. Believe me when I tell you that I would take (...) great delight in reporting to you my accomplishments, achievements, and place in the canon. If you don’t believe me, ask anyone who knows me well, or, at any rate, has spent a few minutes in conversation with me, or, maybe, has simply observed me in conversation with someone else. They’ll tell you that I am uniquely suited to fete myself, and take obvious pleasure spreading the good word to others. Alas, I have been enlisted to concentrate my philosophical powers on a topic less interesting than myself. My focus? A woman named Ruth Millikan. For philosophers, mention of the Book of Ruth directs thoughts not to the Old Testament, but to LTOBC. This is a shame, because Ruth’s Old Testament book is quite short, as books go, and tells a heartwarming story of redemption and devotion – virtues that receive hardly any mention in LTOBC. Now that I think about it, Ruth’s later books and articles mark a significant departure from the plot line in that first Book of Ruth’s. Gone are references to Bethlehem and Moab, and in their place lurk hoverflies and push me pull yous, but more on these matters in a moment. I want first to turn my finely tuned and oft picked philosophical nose to LTOBC – unquestionably Professor Millikan’s magnum opus . Here’s a little known fact. Originally, LTOBC had a different title, requiring a different acronym. If she hadn’t taken her editor’s advice, we’d be speaking of BLTOBC, which stood for Bacon, Lettuce, and Tomato on Blueberry Cobbler. There’s something down home and grannyish about this title, and Ruth deserves credit for trying to entice readers with the promise of good old fashioned, feather plucked, farm food, but, as her editor was quick to note, bacon, lettuce, and tomato have no more place on blueberry cobbler than they do on cherry cobbler, and so BLTOBC might as well be BLTOCC, and with no reason to prefer one title to the other, best just to forget about the bacon.. (shrink)

This brief essay examines James A. Good’s argument that the Hegel of the young Dewey was functionalist, historicist, instrumentalist, and practicalist—in short, the Hegel of “centrist” Hegelians such as those then active in St. Louis and of contemporary interpreters such as Good himself and Terry Pinkard. Good’s claims are examined in terms of possible conflicts with what is known of William James’s influence on Dewey, and in the light of recently published correspondence in which Dewey comments on the Hegelian (...) “deposit” in his work. (shrink)

We will argue here that after more than 30 years of talk, theory, and clinical practice, we bioethicists still know far too little about what patients, subjects, and healthcare professionals are up to, morally. Bioethics is still near the beginning in grasping what it means to understand, much less to honor fully, the moral power and perspicacity of those bioethics is designed to serve. This is, of course, a serious charge, but one we will endeavor to show has merit. However, (...) we want to be clear from the start that we do not gainsay the important work that has been done in and through the influence of bioethics, both as a field of practical engagement and as a cultural movement, in improving how healthcare is delivered and how human subjects are treated. Thirty or 40 years—depending on how one marks the beginning point—is a very short time, and it is hard to imagine that wholesale changes, all of them in the right direction, could be the outcome for a field this young. Hence, we do not intend the title, “One Cheer for Bioethics,” as a wholesale indictment, but as an indication that there is a great deal of work yet to be done, and that following the currently dominant direction of the field is not likely to get us there. Our aim is to indicate just where future work should be focused, and to do so we will need to be critical of some of the preoccupations of the last three decades. a. (shrink)

Among moral philosophers, general disapproval of genetic enhancement has in recent years given way to the view that the permissibility of a eugenic policy depends only on its particular features. Buchanan, Brock, Daniels, and Wikler have extensively defended such a view. However, while these authors go so far as to argue that there are conditions under which parents are not only permitted but also obligated to procure genetic treatments for their intended child, they stop short of arguing that there (...) are conditions under which parents are required to procure enhancements. By contrast, David Heyd argues that parents are required to procure treatments or enhancements for their future child, but only if the intervention would not alter the future child’s personal identity. In this paper I take the case for genetic enhancement a step further by arguing that there are conditions under which parents are morally required to procure genetic interventions for their intended child, regardless of whether the intervention is a treatment or an enhancement, and regardless of whether it would alter the child’s personal identity. (shrink)

Sociologist Zygmunt Bauman characterizes our time as a time of “liquid modernity”. Rather than settled meanings, categories, and frames of reference Bauman contends that meaning is always in flux, open ended rather than closed. Given Bauman’s assessment, pedagogies that are directed towards finding, accepting, or imposing meaning come up short. They offer closed, ‘finished’ meanings instead of an examination of the ongoing, open ended, process of meaning making. What might a pedagogy for a liquid time look like? This is (...) the animating question of this essay. Pedagogically we are interested in this ambiguous space between paradigms of meaning. Rather than resolution or the accommodation and building of new schema, we explore the need for constant schema building and renewal—the necessity of living in a state of perpetual emergence. Zygmunt Bauman’s notion of “liquid modernity” suggests that anomalies, rather than exceptions, are the norm; we are living with permanent uncertainty, needing to hold all schemes lightly. (shrink)

Corporate change and employee dislocation are inevitable in a free market. However, the current employment relationship in the U.S. that affords a perceived employment safety net is contrary to the natural canon of honesty. Employees cannot be guaranteed employment when a company fails or a product is no longer viable. Attempts to provide costly employment safety nets cause a firm to allocate resources to nonproductive programs that may ultimately cause a loss of competitiveness. These strategies to provide alternate employment may (...) provide only short-term solutions. But even short-term safety nets against unemployment may be sending employees unrealistic messages ... a permanent safety net against unemployment. As a result, employees may lose incentive to be innovative in creating their own personal safety nets. The resolution is candor about the risk of employment. A false employment safety net is not what employees want or need and in the long run it may be detrimental to American competitiveness. (shrink)

In this article, the authors present several topics related to the nascent development of a merit-based hiring system in North Macedonia. This paper employs a normative approach. We advocate for a merit-based hiring system, similar to the American model. First, we explore the pressure exerted by the European Commission to adopt a merit-based system at all levels of government as a condition for entry into the European Union. Second, we delve into the patronage system in North Macedonia. Third, we provide (...) a short history of patronage in the United States and the difficulty that nation had in curbing its entrenched patronage system. Fourth, we discuss the advantages of a merit-based hiring system, namely the creation of good governance, the improvement of employee morale, the development of more public confidence in government, the reduction of the influence of ethnic politics and the furtherance of the rule of law. Finally, we present an example drawn from the American federal government about the basic procedures of a merit-based hiring process. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam by Larry Benjamin MillerKhaled El-RouayhebLarry Benjamin Miller. Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam. Logic, Argumentation and Reasoning 21. Cham: Springer 2020. Pp. xviii + 143. Hardback, €77.99.Very few unpublished PhD dissertations have had a formative influence on a field. One of the precious few is Larry Miller's Princeton (...) dissertation from 1984 on Islamic disputation theory. It proposed an original and compelling account of the development of the discipline, from the earliest extant Arabic works in the tenth century to the composition of classic madrasa handbooks in the late thirteenth century. It has been cited regularly in the past decades and has served as the starting point for all later studies of Arabic/Islamic dialectics in European languages. The fact that it has finally been published is a fitting tribute to a study that is even more admirable for having been written when many of the primary sources were still only available as manuscripts.Part of the explanation for why the dissertation was not published sooner may be that its author did not pursue an academic career. And as he states in a short preface, he has not kept abreast of all relevant studies and editions that have appeared since his dissertation. A thorough revision and update has therefore not been possible. Though some minor corrections and revisions have been made, the book is still by and large the influential 1984 dissertation, now made available with a short introduction by Walter Young, one of the leading younger scholars in the field, along with helpful indices of proper names and subjects.Miller's narrative begins with Arabic works on disputation (jadal) by a number of theologians from the late ninth and tenth centuries, such as Ibn al-Rāwandī (d. 911), [End Page 518] al-Ash'arī (d. 935), and the Karaite Jewish scholar al-Qirqisānī (d. ca. 960). The basic assumption was that a questioner (sā'il) would ask a claimant (mu'allil) (i) what his view is; (ii) what the ground or reason ('illa) for that view is; (iii) the appropriateness of the ground/reason for the view; and (iv) to verify the ground/reason by showing it to be commensurate with the view. The ground/reason for the theological dialecticians was standardly an entity or property, not a premise. The reasoning tended to be informal and analogical, as opposed to explicitly making syllogistic deductions from quantified premises.Parallel to this theological tradition of jadal, there was an Arabic Aristotelian tradition that took its point of departure from Aristotle's Topics, translated into Arabic more than once in the period from the late eighth to the early tenth centuries. Though also often referred to as jadal, this tradition, represented by the writings of al-Farabi (d. 950), Avicenna (d. 1037), and Averroes (d. 1198), retained distinct features. It tended to deny any epistemic value to dialectics, instead seeing it as useful only insofar as it provided logical training. For the Aristotelian/Neoplatonic philosophers, the pursuit of truth was the preserve of demonstrative syllogism (burhān). Whereas the theological dialecticians envisaged a claimant (mu'allil) and a questioner (sā'il), with the burden of proof on the former, the philosophical tradition had a questioner (sā'il) seek, in the manner of Socratic elenchus, to elicit from a respondent (mujῑb) a series of answers that would allow the construction of a syllogism whose conclusion contradicted the respondent's initial position.From the time of al-Ghazali (d. 1111), Islamic theologians tended to take over the syllogistic ideal of reasoning from the philosophers, perhaps explaining why theological writings on jadal trail off after the eleventh century. The informal, analogical jadal tradition continued, however, in the writings of Islamic jurists. From the eleventh century, scholars such as Abū Isḥāq al-Shīrāzī (d. 1083) and al-Juwaynī (d. 1085) wrote works on jadal in which the examples are disputes about questions of Islamic law and the disputants are partisans of the various legal schools. This tradition of what Miller calls "juristic dialectics" (74, 95) later adopted some... (shrink)

Some of the greatest harms perpetrated by human beings—mass murders, for example—are directly caused by a small number of individuals, yet the full force of the transgressions would not obtain without the indirect contributions of many others. To combat such evils, Larry May argues that we ought to cultivate a sense of shared responsibility within communities. More specifically, we ought to develop a propensity to feel ashamed of ourselves when we choose to be associated with others who transgress. Grant (...) that we ought to assume greater moral responsibility for contributing to harms that we do not directly commit. My goal is to challenge May’s claim that we should move towards a shame culture, and to argue that we ought to focus on cultivating empathy-based care and guilt instead. An established research program spearheaded by June Tangney has shown that individuals who are disposed to feel shame are more likely to hide from scrutiny, blame others, get angry, and become aggressive. Cultivating shame, in short, is a recipe for increasing antisocial behavior. Policies that promote feelings of empathy-based care and guilt, however, seem better designed to achieve the desired result, namely, minimizing the harms caused by groups. (shrink)

The AI and Society discourse has previously drawn attention to the ways that digital systems embody the values of the technology development community from which they emerge through the development and deployment process. Research shows how this effect leads to a particular treatment of gender in computer systems development, a treatment which lags far behind the rich understanding of gender that social studies scholarship reveals and people across society experience. Many people do not relate to the narrow binary gender options (...) of male or female, and many people express their gender identity in much richer ways than the sex/gender binary female/woman and male/man Boolean terms will allow. We ask: are “born-digital” gendered datasets in digital systems experienced as marginalising by those who express their identity beyond the male/female binary? Case Study: Ireland. To answer this universal question, this paper presents the findings of an empirical case study of people in Ireland with diverse gender identities and expressions, and their experiences with public data systems and new technologies. In spite of great social changes in Ireland which have led to constitutional change in favour of LGBTQI + people, born-digital systems were experienced by respondents as embodying socio-cultural values which were no longer accepted in society at large. For many of the respondents, digital technologies routinely marginalise them in all kinds of ways. These systems keep alive violence and oppression long after civil rights have been enshrined in constitutional law. This study is just one example of the way assumptions about digital are disengaged from society-at-large. It is a call to arms to all who are passionate about socially-responsible technology. (shrink)

ABSTRACTIn Democracy for Realists, Christopher Achen and Larry Bartels argue provocatively that the public falls far short of ideals of democratic citizenship, and they turn to political psychology to explain the empirics of mass political behavior. But their model of group identity fails to shed much light on the origins of political behavior and gives members of the public less credit than they deserve, for three reasons. First, group politics is not a hollow exercise; it depends on the (...) identification of a collective grievance that has a potential political solution. Second, concerns about group economics, status, and respect are more likely than individual economic considerations to animate political behavior, yet the former concerns are no less rational than the latter. Third, individuals vary in how strongly they identify with politically relevant groups, masking considerable variation in the degree to which group affiliations shape political behavior. Therefore, group identification is not a monolithic, irrational force that affects people regardless of their perceptions of political reality. (shrink)

At a poignant juncture early in Brideshead Revisited, Sebastian, after briefly recounting for Charles his family's rather checkered performance with regard to its Catholicism, remarks, "I wish I liked Catholics more." When Charles replies, "They seem just like other people," Sebastian rebukes him: "My dear Charles, that's exactly what they're not ... It's not just that they're a clique-- as a matter of fact, they're at least four cliques all blackguarding each other half the time--but they've got an entirely different (...) outlook on life; everything they think important is different from other people. They try and hide it as much as they can, but it comes out all the time. It's quite natural, really, that they should. But you see it's difficult for semi-heathens like ... me." Outsiders are often distracted and even mesmerized by the blackguarding. In discussions of the elusive "Catholic character" we have come to expect comments like, "You can't even agree among yourselves what 'Catholic' means; is it any wonder that the rest of us get edgy when we hear of efforts to reinforce the Catholic character of Notre Dame?" Larry's paper helps us to understand a bit better both the significance of these internal disagreements and the fervor with which they are carried on. As he suggests, a true catholicity is marked by a kind of "coincidence of opposites," a plurality within a unity, or perhaps better, a creative anarchy within fixed limits, a volatile mixture of the hierarchical and the charismatic, of the stabilizing and the spontaneous, of St. Peter and St. Paul. Chesterton characterized it as an equilibrium in which the duelling opposites are allowed to become exaggerated just short of the point where the one would wipe out the other: "St. Francis, in praising all good, could be a more shouting optimist than Walt Whitman. St. Jerome, in denouncing all evil, could paint the world blacker than Schopenauer.. (shrink)

In this, the first book devoted to Peter Achinstein's influential work in philosophy of science, twenty distinguished philosophers, including four Lakatos award winners, address various aspects of Achinstein's influential views on the nature of scientific evidence, scientific explanation, and scientific realism. It includes short essays by Steve Gimbel and Jeff Maynes, Nancy Cartwright, Jordi Cat, Victor DiFate, Jerry Doppelt, Adam Goldstein, Philip Kitcher, Fred Kronz, Deborah Mayo, Greg Morgan, Helen Longino, John Norton, Michael Ruse, Bas van Fraassen, Stathis Psillos, (...) Larry Laudan, Richard Richards, Kent Staley, and Jim Woodward with replies to each contributor from Peter Achinstein. Readers will come away with an understanding of the current debate in multiple areas of philosophy of science and how various contemporary issues are connected. (shrink)

I begin my analysis of consent by agreeing with Professor Hurd that consent functions as a “moral transformative” by altering the obligations and permissions that determine the Tightness of others' actions. I further agree with her that consent is intimately related to the capacity for autonomous action; one who cannot alter others' obligations through consent is not fully autonomous. I cannot improve on her elaboration of these points.

This article aims to examine journalists' adversarial challenges within the Australian political news interview. Within the Australian context, journalists tend to challenge interviewees: by challenging the content of the prior turn, by `interrupting' the prior turn, and by initially presenting their challenge as a freestanding assertion, not attributed to a third party. As a result, journalists could be interpreted as expressing their own perspective on the topic at hand, rather than maintaining a neutralistic stance. Although the challenging nature of journalistic (...) questions has been previously noted within the Australian context, there have been few analyses of such challenges. Using the framework of conversation analysis, the aim of the following article is to examine adversarial challenges in more detail. In particular, the article will focus on how interviewers and interviewees collaboratively produce the political news interview in such a way as to avoid accusations of bias or non-neutrality. First, the article will focus on the challenging nature of the IR's turn, by examining the various techniques used by journalists to ensure that they maintain a neutralistic stance. Second, it will examine the way in which IEs respond to such adversarial challenges. It will show how although politicians do not overtly accuse IRs of bias or impartiality, they clearly orient to the challenging nature of the journalists' turn. (shrink)

Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.

This essay contends that while Nancy and Esposito have strikingly similar concepts of the place of the political in post-metaphysical community, their respective articulations of these concepts noticeably diverge. Because of his commitment to excavating the political project of immunity as central to the Western political tradition in and through the category of the legal person, Esposito announces community as impolitical, as the interruptive spacing, and thus alternating displacement, of the political conceived as the site of emancipatory agency. In contrast, (...) in the work of Agamben and in the recent work of Nancy, an articulation of the person and the political in more agential terms can be found. This divergence presents interpretive difficulties insofar as Esposito's discussion of community as impolitical could be read as advancing ontological neutrality or passivity that threatens to separate political activity from its liberating potential. I argue that such ontological neutrality is a product of Esposito's confrontation with the political as dominated by both the logic of immunity and an engagement with the complex legacy of Heidegger's problematic political trajectory. To this extent it is an open question whether Esposito's project leaves room for a new vision of the political and for political agency. (shrink)

Epistemology as traditionally conceived seems to have fallen upon hard times. Not only has the cry arisen from diverse philosophical quarters that epistemology is dead, but we have even been offered a plethora of suggestions as to how best fill the vacuum left by her sudden demise. Thus Quine, for example, has recently urged that epistemology be “naturalized” and replaced by empirical psychology and an empirical semantics. Others suggest that epistemology be “historicized” and replaced by a study of the history (...) of ideas, and especially by a study of the history of science. Still others have argued that epistemology be “sociologized” and replaced by a sociology of scientific knowledge and/or a sociology of the scientific community. Finally, we have even been told, in a rather delightful Viennese manner, that epistemology must be “radicalized” and replaced by a kind of opportunistic anarchism, marching under the banner of “Anything Goes!” to the tune of a Dadaist waltz. (shrink)

The British government recently announced its willingness to expand the number of state–funded faith schools. It was a decision that aroused considerable controversy, with much of the unease centring around the allegedly divisive nature of such schools. In this article I defend faith schools against the charge that they necessarily undermine social cohesion and show how they can, in fact, legitimately be seen as a force for unity. In addition, I challenge the critics’ key assumption that non–denominational schools are inherently (...) better positioned than their faith–based counterparts to promote a tolerant society. (shrink)

The main aim of this essay is to propose and develop a product?oriented, non?psychologistic, approach to scientific and artistic creativity. I first argue that the central problem is that of answering the question: how is creativity possible? Traditional approaches to this question tend to locate creativity primarily in some special psychological processes or traits, or in some special creative act. Some general arguments against such an approach are developed, and it is suggested that creativity ought primarily to be located in (...) scientific and artistic products. I then investigate the question ?what aspects of such products lead us to evaluate them as creative?? and use the results of this inquiry as a set of desiderata against which to evaluate various general views as to the nature of the creative process itself. The upshot of this procedure is the development of a kind of ?Darwinian? model whose novel feature lies in the suggestion that the process of production has, in effect, been controlled (plastically) by those very factors which can enable the product to be a creative one. (shrink)

There are now dozens of proposals for integrating ethics into the early planning and assessment of technological innovation. This paper tracks some of Larry Hickman’s contributions to these trends. While Hickman’s suggestions could be incorporated into virtually many of the new proposals for integrating ethics into technological research, development and dissemination, barriers remain. In this paper, I will explores some reasons why the field remains fragmented, emphasizing weaknesses in the pragmatist approach. First, I acknowledge the significance of obvious explanations: (...) the technical community’s unfamiliarity with ethical inquiry and the lack of both administrative and financial commitment to ethics-oriented research. There is, in short, an epistemic gap between the message that innovators are prepared to hear and the sophisticated response that Hickman’s pragmatism offers. This gap may be a practical limitation to philosophical pragmatism in many of its manifestations. (shrink)

The publication in 1975 of Edward O. Wilson's Sociobiology provoked a great controversy, for in that work Wilson claimed that ethics was rooted in human biology. On the first page of the book, he asserted that our deepest intuitions of right and wrong are guided by the emotional control centers of the brain, which evolved via natural selection to help the human animal exploit opportunities and avoid threats in the natural environment. In 1998, the publication of Wilson's Consilience renewed the (...) controversy, as he continued to argue for explaining ethics through the biology of the moral sentiments.Footnotes* I am grateful to the Earhart Foundation for a research grant that supported the writing of this essay. (shrink)

Retributivism is generally thought to forbid the punishment of the innocent, even if such punishment would produce otherwise good results, such as deterrence. It has recently been argued that because capital punishment always entails the risk of executing an innocent person, instituting capital punishment is tantamount to intentionally taking innocent lives and therefore cannot be justified on retributive grounds. I argue that there are several versions of retributivism, only one of which might categorically forbid risking punishing innocent persons. I also (...) argue that our moral practices reveal either that we do not hold this particular version of retributivism, or that we reject equating risking punishing the innocent with intentionally doing so. *** DIRECT SUPPORT *** A9102008 00005. (shrink)

Freedom of association, as I understand it, refers to the liberty a person possesses to enter into relationships with others—for any and all purposes, for a momentary or long-term duration, by contract, consent, or acquiescence. It likewise refers to the liberty to refuse to enter into such relationships or to terminate them when not otherwise compelled by one's voluntary assumption of an obligation to maintain the relationship. Freedom of association thus is a quite capacious liberty.

This is the second volume in a sub-series of specially commissioned collaborative volumes on key topics at the heart of contemporary philosophy of law that will be appearing regularly within Cambridge Studies in Philosophy and Law. A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as: why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel (...) bound by the constitution of an earlier one? The volume will be of particular importance to those in philosophy, law, political science and international relations interested in what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation. (shrink)