Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship (including my own) can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a (...) much more general insight into the nature of responsibility itself. Nowhere has this thought been more evident than in the century-old focus of criminal law theoreticians on the excuse of insanity, a focus that could not be justified by the importance of the excuse itself.In this paper I wish to isolate two theories of excuse, each of which instantiates its own distinctive theory of responsibility. One is what I shall call the choice theory of excuse, according to which one is excused for the doing of a wrongful action because and only because at the moment of such action's performance, one did not have sufficient capacity or opportunity to make the choice to do otherwise. Such a choice theory of excuse instantiates a more general theory of responsibility, according to which we are responsible for wrongs we freely choose to do, and not responsible for wrongs we lacked the freedom (capacity and opportunity) to avoid doing. The second I shall call the character theory of excuse, according to which one is excused for the doing of a wrongful action because and only because such action is not determined by (or in some other way expressive of) those enduring attributes of ourselves we call our characters. (shrink)

Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions.

Ondanks antidiscriminatiebeleid en de lippendienst die universiteiten tegenwoordig bewijzen aan ‘inclusie’, ‘sociale veiligheid’ en ‘gelijke kansen’, is discriminatie binnen de universiteit nog steeds wijdverspreid. Ervaringen met discriminatie op de universiteit zijn vooral pijnlijk voor degenen die geen hogere functie krijgen, ook al voldoen ze aan alle eisen. Klachten worden vaak niet serieus genomen, waarna universiteitsbestuurders vaak hardnekkig ontkennen dat ze iets verkeerd hebben gedaan, waardoor de slachtoffers zich vernederd en gedemoraliseerd voelen.

The second section contains chapters examining implicit bias and skepticism; the effects of implicit bias on scientific research; the accessibility of social stereotypes in epistemic environments; the effects of implicit bias on the self-perception of members of stigmatized social groups as rational agents; the role of gender stereotypes in philosophy; and the role of heuristics in biased reasoning. Volume 2: Moral Responsibility, Structural Injustice, and Ethics is comprised of three sections. 'Moral Responsibility for Implicit Bias' contains chapters examining the relationship (...) of implicit biases to concepts that are central to moral responsibility, including control, awareness, reasons-responsiveness, and alienation. The chapters in the second section--'Structural Injustice'--explore the connections between the implicit biases held by individuals and the structural injustices of the societies in which they are situated. (shrink)

This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in (...) the legal literature. This connection is illustrated through a discussion of the Gettier problem in epistemology. It is argued that the gap or disconnect between truth and justification that undermines knowledge in Gettier cases also potentially undermines the success of legal verdicts. (shrink)

This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...) for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)

The challenges and opportunities associated with the education of immigrants predate modern school systems, though it certainly can be said that support for public schooling grew—for example, in Canada and the United States—as dominant (read White, Anglo-Saxon, Protestant) groups came to see the importance of integrating masses of disparate origin. Educational responses to the children of immigrants over time have been varied, and many responses are indistinguishable from efforts to address other minority groups. In North America, the rapid expansion of (...) immigration encompassing immigrant and refugee populations from around the world, particularly since the 1960s, has led to a number of structural and curricular changes in schools, only some of which were explicitly aimed at immigrants. One example of a policy aimed at the children of immigrants was bilingual education, and as this increasingly fell out of favor, ESL (English as a second language) classrooms became more common. However, with few exceptions, neither has been a very effective instrument for addressing the interests or concerns of immigrants themselves. Nevertheless, most parents strongly prefer that their children learn to master the dominant language, as a means of getting ahead. (shrink)

Diversiteit is een ruim begrip, en we verschillen over de manier waarop we het moeten omarmen. Maar in elk geval moeten we behoedzaam zijn voor verschillenblindheid.

This is the first scholarly study of Atlas Shrugged, covering in detail the historical, literary, and philosophical aspects of Ayn Rand's magnum opus. Topics explored in depth include the history behind the novel's creation, publication, and reception; its nature as a romantic novel; and its presentation of a radical new philosophy.

_From the president of Wesleyan University, a compassionate and provocative manifesto on the crises confronting higher education_ In this bracing book, Michael S. Roth stakes out a pragmatist path through the thicket of issues facing colleges today to carry out the mission of higher education. With great empathy, candor, subtlety, and insight, Roth offers a sane approach to the noisy debates surrounding affirmative action, political correctness, and free speech, urging us to envision college as a space in which students (...) are empowered to engage with criticism and with a variety of ideas. Countering the increasing cynical dismissal—from both liberals and conservatives—of the traditional core values of higher education, this book champions the merits of different diversities, including intellectual diversity, with a timely call for universities to embrace boldness, rigor, and practical idealism. (shrink)

Maistre’s Soirées de Saint-Pétersbourg is modeled on Plato’s Laws. Plato and Maistre both demand the political control of natural inquiry, and implement these controls through theodictic conversation. Maistre, following the lead of Plato’s legislator, publishes an exemplary conversation about providence between a young man tempted by an atheistic Enlightenment and two older, wiser, and more learned men of affairs. Maistre defends providentialism from materialist interpretations of natural science even as Plato defended it from ancient materialism.

Everyday Utopias explores a topic that is vital but is too often overlooked by utopian scholars. It is best read in tandem with its 2013 predecessor, Weak Messianism: Essays in Everyday Utopianism, by Michael Gardiner. In a nutshell, Cooper, like Gardiner, argues that although utopian visions may be born in the brains of utopian thinkers, progress toward utopia is what counts, and it must be rooted in present patterns and possibilities. Lest my qualms with the book’s execution overwhelm its (...) value for readers, let me emphasize my enthusiastic support of its basic purpose and its promotion of the growing field of practical utopianism, using a strikingly diverse array of cases to stake... (shrink)

Marvin is a contract hog farmer in Iowa. He owns his land, his barn, his tractor, and his animal crates. He has seen profits drop steadily for the last twenty years and feels trapped. Josh is a dairy farmer on a cooperative in Massachusetts. He doesn’t own his cows, his land, his seed, or even all of his equipment. Josh has a healthy income and feels like he’s made it. In The Food Sharing Revolution, Michael Carolan tells the stories (...) of traditional producers like Marvin, who are being squeezed by big agribusiness, and entrepreneurs like Josh, who are bucking the corporate food system. The difference is Josh has eschewed the burdens of individual ownership and is tapping into the sharing economy. Josh and many others are sharing tractors, seeds, kitchen space, their homes, and their cultures. They are business owners like Dorothy, who opened her bakery with the help of a no-interest, crowd-sourced loan. They are chefs like Camilla, who introduces diners to her native Colombian cuisine through peer-to-peer meal sharing. Their success is not only good for aspiring producers, but for everyone who wants an alternative to monocrops and processed foods. The key to successful sharing, Carolan shows, is actually sharing. He warns that food, just like taxis or hotels, can be co-opted by moneyed interests. But when collaboration is genuine, the sharing economy can offer both producers and eaters freedom, even sovereignty. The result is a healthier, more sustainable, and more ethical way to eat. (shrink)

In the 1950s, E.T. Gendlin developed a philosophical system, published as Experiencing and the Creation of Meaning, to explain the role of bodily feelings in cognition, and he then evolved a psychotherapy known as Focusing, based on this system. Focusing works primarily with bodily feelings and how they relate to the thinking processes. Gendlin’s work has had an important impact on the field of Psychology. An aspect of the historicity of E.T. Gendlin’s work is that it has intriguing similarities with (...) how the Vipassana meditation teacher S.N. Goenka, teaches, in line with the Pali Nikayas, that a correct understanding of affective bodily feelings can lead to the dissolution of destructive emotional tendencies. This article uses these similarities to begin a process, from a Western academic perspective, of conceptualizing the efficacy of Vipassana meditation, as taught by S.N. Goenka, in dissolving harmful emotional habits. This will be done by comparing how S.N. Goenka and E.T. Gendlin understand the operative factors in personality change. (shrink)

The present study investigates whether people can infer the preferences of others from spontaneous facial expressions alone. We utilize a paradigm that unobtrusively records people's natural facial reactions to relatively mundane stimuli while they simultaneously report which ones they find more appealing. Videos were then presented to perceivers who attempted to infer the choices of the target individuals—thereby linking perceiver inferences to objective outcomes. Perceivers demonstrated above-chance ability to infer target preferences across four different stimulus categories: people (attractiveness), cartoons (humor), (...) paintings (decorative appeal), and animals (cuteness). While perceivers' subjective ratings of expressivity varied somewhat between targets, these ratings did not predict the relative “readability” of the targets. The findings suggest that noncommunicative, natural facial behavior by itself suffices for certain types interpersonal prediction, even in low-emotional contexts. (shrink)

In “The Presumption in Favor of Requirement Conflicts” Julie McDonald has offered some serious and challenging criticisms of the recent literature centered around the moral dilemmas debate. If McDonald is correct, the philosophers who have contributed to this debate share some questionable presuppositions about the role and significance of an adequate moral theory. It is beyond dispute that the moral dilemmas debate has elevated the importance of requirement conflicts above other types of conflicts. McDonald argues that this is a needlessly (...) restrictive way to approach the issue. She maintains that the potential for unavoidable moral residue in the form of guilt, as well as the chance of moral unresolvability, are the two central concerns which motivate the issue. These concerns then figure into her diagnosis of the implicit background assumptions that explain the rationality of the debate. In what follows I shall consider whether or not the participants to this debate are forced to accept these assumptions. (shrink)

The European post-Marxist work Empire by Hardt and Negri points to the theological/metaphysical underpinnings of modernity and global capitalism in the medieval shift from Trinitarian orthodoxy to nominalism. Though Hardt and Negri reject religious or transcendental approaches to the social, their work shows remarkable resemblances with the ontological critique of modernity and economism mounted by John Milbank and Stephen Long among others. By contrast the considerable oeuvre of Ronald Preston on capitalism lacks a deep ontological critique. The return of ontology (...) to theological economics in recent contributions from Gorringe, Long, Milbank and Northcott marks a significant recovery of a more theological orthodoxy, but also a more thoroughgoing critique of economism whether in capitalist or socialist guise. It is moreover a critique which highlights the significance of the economic actions of churches and Christians. (shrink)

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.