In this response to the review of Moore, Causation and Responsibility, by Larry Alexander and Kimberly Ferzan, previously published in this journal, two issues are discussed. The first is whether causation, counterfactual dependence, moral blame, and culpability, are all scalar properties or relations, that is, matters of more-or-less rather than either-or. The second issue discussed is whether deontological moral obligation is best described as a prohibition against using another as a means, or rather, as a prohibition on an agent strongly (...) causing a prohibited result that was not about to happen anyway while intending to do so. (shrink)

This essay replies to the thoughtful commentaries, by Michael Bratman, David Brink, Larry Alexander, and Michael Moore, on my book Attempts.

In addition to being one of the greatest technical philosophers of the twentieth century, John Dewey was an educational innovator, a Progressive Era reformer, and one of America’s last great public intellectuals. Dewey’s insights into the problems of public education, immigration, the prospects for democratic government, and the relation of religious faith to science are as fresh today as when they were first published. His penetrating treatments of the nature and function of philosophy, the ethical and aesthetic dimensions of life, (...) and the role of inquiry in human experience are of increasing relevance at the turn of the 21st century. Based on the award-winning 37-volume critical edition of Dewey’s work, The Essential Dewey presents for the first time a collection of Dewey’s writings that is both manageable and comprehensive. The volume includes essays and book chapters that exhibit Dewey’s intellectual development over time; the selection represents his mature thinking on every major issue to which he turned his attention. Eleven part divisions cover: Dewey in Context; Reconstructing Philosophy; Evolutionary Naturalism; Pragmatic Metaphysics; Habit, Conduct, and Language; Meaning, Truth, and Inquiry; Valuation and Ethics; The Aims of Education; The Individual, the Community, and Democracy; Pragmatism and Culture: Science and Technology, Art and Religion; and Interpretations and Critiques. Taken as a whole, this collection provides unique access to Dewey’s understanding of the problems and prospects of human existence and of the philosophical enterprise. (shrink)

In addition to being one of the greatest technical philosophers of the twentieth century, John Dewey was an educational innovator, a Progressive Era reformer, and one of America’s last great public intellectuals. Dewey’s insights into the problems of public education, immigration, the prospects for democratic government, and the relation of religious faith to science are as fresh today as when they were first published. His penetrating treatments of the nature and function of philosophy, the ethical and aesthetic dimensions of life, (...) and the role of inquiry in human experience are of increasing relevance at the turn of the 21st century. Based on the award-winning 37-volume critical edition of Dewey’s work, The Essential Dewey presents for the first time a collection of Dewey’s writings that is both manageable and comprehensive. The volume includes essays and book chapters that exhibit Dewey’s intellectual development over time; the selection represents his mature thinking on every major issue to which he turned his attention. Eleven part divisions cover: Dewey in Context; Reconstructing Philosophy; Evolutionary Naturalism; Pragmatic Metaphysics; Habit, Conduct, and Language; Meaning, Truth, and Inquiry; Valuation and Ethics; The Aims of Education; The Individual, the Community, and Democracy; Pragmatism and Culture: Science and Technology, Art and Religion; and Interpretations and Critiques. Taken as a whole, this collection provides unique access to Dewey’s understanding of the problems and prospects of human existence and of the philosophical enterprise. (shrink)

This editorial, introducing the Journal for Theoretical & Marginal Mathematics Education, is historically situated in a moment when the field of mathematics education research is on the precipice of acknowledging that the old world is dying. That is to say, the way research has been done before is no longer adequate for operating within the White, Colonial, cis-hetero Patriarchal, Abled Capitalist dystopia we find ourselves. This inadequacy is, however, not a reason for despair but instead for celebration. Instead of directing (...) our resources towards reifying existing norms and structures, towards adopting exhausted methods and theories—as is the way of the old world—we can instead foster a ‘new aesthetics’ of mathematics education research, wherein we remake the very material that constitutes mathematics education research itself. In doing so, we engage with the politics of the margins of mathematics education research. We discuss the critical, philosophical, and psychoanalytic as three potential, but non-exhaustive, departures from mathematics education research as it has been. Each of these marginal approaches, in their own way, points to the ways that presuming a fixed mathematics education research enacts exclusionary politics and precludes change. Let this be our manifesto, written from the margins, for a more root-grasping, more self-reflective, and freer mathematics education research. (shrink)

Legal and social norms regarding gender relations have undergone dramatic changes in the past 25 years. The changes have come about largely because of the confluence of changing economic and technological realities, the unfolding of the norm dictating equal treatment of individuals, the sexual revolution and its corollaries of improved contraception and legal abortion, the rise of women as a self-conscious group and a presence in the academy, and the interrelations of all of these factors. As men and women have (...) come to share dormitories and workplaces, and as the old mores governing sex—and male-female relations in general—have broken down, there has been struggle and uncertainty over what norms should apply to sexual relations. (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)

In this paper I argue that punishment should be proportional to desert; that desert turns solely on culpability and not on results: that culpability is a function of what the actor perceives are the risks of his act to others’ interests and the reasons he perceives that might justify, excuse, or aggravate taking those risks; that because culpability is a complex function, ordinally ranking acts in terms of culpability is quite difficult; that converting the ordinal ranking into cardinal measures of (...) deserved punishment must perforce be controversial; and that deserved punishment, which is deserved suffering, must somehow deal with the fact that the actor may have already suffered undeservedly. (shrink)

Are our rights—to our bodily integrity, to our possessions, to the goods and services promised us, and so on—matters of fact, or are our rights functions of others’ beliefs about how their acts will affect our rights? The conventional view states that subjective oughts—based on what we believe—determine culpability, whereas objective oughts—based on the facts—determine permissibility. After all, the idea that our beliefs about how our acts would affect others’ rights might affect the contours of those rights themselves appears deeply (...) paradoxical. For how can others’ rights be based on our beliefs when those beliefs have as their objects not themselves but others’ rights? Nonetheless, paradoxical as that position may appear, a strong case can be mounted in its defense, not by focusing on the rights themselves, but by focusing on the acts that imperil those rights. It is the burden of this essay to make a case for the belief-relativity rather than the fact-relativity of rights. (shrink)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the (...) face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

Iconoclasts? Who, Us? A Reply to Dolinko Content Type Journal Article Category Original Paper Pages 1-7 DOI 10.1007/s11572-012-9143-3 Authors Larry Alexander, San Diego, CA, USA Kimberly Kessler Ferzan, Camden, NJ, USA Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791.

In 2009 Larry Alexander and Kimberly Ferzan published Crime and Culpability: A Theory of Criminal Law. The book set out a theory that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Reflections on Crime and Culpability: Problems and Puzzles expands on their innovative ideas on the application of punishment in criminal law. Theorists working in criminal law theory presuppose or ignore puzzles that lurk beneath the surface. Now those who wish to (...) examine these topics will have one monograph that combines the disparate puzzles in criminal law through a unified approach to culpability. Along with some suggestions as to how they might resolve the puzzles, Alexander and Ferzan lay out the arguments and analysis so future scholars can engage with questions about our understanding of culpability that very few have addressed. (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.

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.

In a previous article, I defended the standard picture of law (or SP), so labeled by its foremost critic, Mark Greenberg. In that article, I addressed Greenberg's root-and-branch critique of the SP and, to a much lesser extent, a related critique by Scott Hershovitz. But the Greenberg and Hershovitz frontal attacks on the SP are not its only threats. Some theorists, while not attacking the SP directly, give accounts of law that the SP cannot accommodate. Those theorists will be challenged (...) here, because if they are correct, the SP is not a tenable account of law. (shrink)

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)

In his recently published Donner le temps II, Derrida raises, but does not develop, the possibility that Heidegger's notion of Gelassenheit (‘releasement’, ‘letting-be’) might escape the economic confines of exchange, debt, and repayment and therefore qualify as a pure gift. In this paper, I explore this possibility, explaining that Gelassenheit would have to be understood, first, not primarily as a human comportment but at the level of being itself, second, beyond appropriation, and third, as ‘without why’. If Heidegger's focus on (...) appropriation in ‘Time and Being’ remains entangled in the economy of exchange (as Derrida insinuates in the final session of Donner le temps II), Heidegger's anarchic treatment of ‘letting’ ( laisser, Lassen) in the final session of his 1969 seminar in Le Thor opens instead onto a ‘pure giving’ ( pur donner, reines Geben). (shrink)

Existing and proposed provisions of the Model Penal Code refer to believing something “recklessly.” In this chapter, we examine the notion of reckless beliefs and determine what that notion cannot be and what it might be.

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.

In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.

In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a (...) matter of human right. Written in a clear and accessible style, this book will appeal to students and professionals in political philosophy, law, political science, and human rights. (shrink)

In the late Middle Ages the philosopher and mystic Meister Eckhart preached that to know the truth you must be the truth. But how to be the truth? Eckhart's answer comes in the form of an imperative: release yourself, let be. Only then will you be able to understand that the deepest meaning of being is releasement. Only then will you become who you truly are. This book interprets Eckhart's Latin and Middle High German writings under the banner of an (...) imperative of releasement, and then shows how the twentieth-century thinker Martin Heidegger creatively appropriates this idea at several stages of his career. Heidegger had a lifelong fascination with Eckhart, referring to him as "the old master of letters and life." Drawing on archival material and Heidegger's marginalia in his personal copies of Eckhart's writings, Moore argues that Eckhart was one of the most important figures in Heidegger's philosophy. This book also contains previously unpublished documents by Heidegger on Eckhart, as well as the first English translation of Nishitani Keiji's essay "Nietzsche's Zarathustra and Meister Eckhart," which he initially gave as a presentation in one of Heidegger's classes in 1938. (shrink)

Although discussions of John Rawls’ A Theory of Justice generally refer to Rawls’ two principles of justice, and although Rawls himself labels his principles “the two principles of justice”, Rawls actually sets forth three distinct principles in the following lexical order: the liberty principle, the fair equality of opportunity principle, and the difference principle. Rawls argues at some length for the priority of the liberty principle over the other two. On the other hand, Rawls offers hardly any argument at all (...) for the priority of the fair equality of opportunity principle over the difference principle. In this article I will argue that making the fair equality of opportunity principle separate from and lexically prior to the difference principle is both intuitively unattractive and inconsistent with Rawls’ method of deriving principles of justice from the choices of rational contractors in the original position. (shrink)

American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to (...) aid encounters the same problem of moral arbitrariness as does a moral catastrophe override of deontological side-constraints. (shrink)

This introduction to this handbook begins with the “big picture” questions about the relationship between morality and criminalization, in terms of both whether the law should reflect morality and how we should deal with uncertainty about what morality requires. From here, it turns to the wide-ranging criminalization questions presented by many of the entries, and it juxtaposes top-down and bottom-up strategies. It then draws connections between criminalization questions. Next, the introduction turns to the notions of responsible agency upon which just (...) punishment depends. The questions of who counts as a legal person for punishment, when can a person be held responsible, and how particular features of a person’s psychology or circumstances affect just punishment are considered. Finally, the chapter concludes by examining punishment and the role of the state, asking about the mode and amount of punishment, as well as the justness of the state’s imposition of punishment. (shrink)

This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are (...) authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence. (shrink)