The article examines a series of trials involving the November 1938 destruction of the synagogue in Lörrach, Germany, held between 1947 and 1949. The alleged ringleader of the pogrom was acquitted, as were some of his codefendants. These acquittals, together with the probationary terms offered to several of the defendants, suggest that the South Baden authorities had found they could censure Nazi violence toward Jews through criminal indictment and conviction, while simultaneously reintegrating compromised individuals – some of them now burdened (...) with a criminal record for crimes of violence against Jews – into the new West German polity. The article examines the case in light of Émil Durkheim’s normative-integrative theory of criminal law/criminal deviance, suggesting that the history of the trials requires qualification of Durkheim’s theory as applied to human rights abuses by agents of the nation-state. (shrink)

John Martin Fischer's The Metaphysics of Free Will is devoted to two major projects. First, Fischer defends the thesis that determinism is incompatible with a person's control over alternatives to the actual future. Second, Fischer defends the striking thesis that such control is not necessary for moral responsibility. This review essay examines Fischer's arguments for each thesis. Fischer's defense of the incompatibilist thesis is the most innovative to date, and I argue that his formulation restructures the free will debate. To (...) defend his second thesis Fischer relies upon examples designed to show that an agent is responsible for an unavoidable action. I criticize Fischer's account of these examples, but I also maintain that my criticisms do not compromise his theory of responsibility. I raise several other difficulties for Fischer's theory of responsibility, and I close by offering some suggestions about how he might further defend it. (shrink)

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of Contributors -- Preface -- Foreword -- Introduction -- Chapter 1 Alternate Possibilities and Moral Responsibility -- Chapter 2 Responsibility and Alternative Possibilities -- Chapter 3 Blameworthiness and Frankfurt's Argument Against the Principle of Alternative Possibilities -- Chapter 4 In Defense of the Principle of Alternative Possibilities: Why I Don't Find Frankfurt's Argument Convincing -- Chapter 5 Responsibility, Indeterminism and Frankfurt-style Cases: A Reply to (...) Mele and Robb -- Chapter 6 Classical Compatibilism: Not Dead Yet -- Chapter 7 Bbs, Magnets and Seesaws: The Metaphysics of Frankfurt-style Cases -- Chapter 8 Moral Responsibility without Alternative Possibilities -- Chapter 9 Freedom, Foreknowledge and Frankfurt -- Chapter 10 Source Incompatibilism and Alternative Possibilities -- Chapter 11 Robustness, Control, and the Demand for Morally Significant Alternatives: Frankfurt Examples with Oodles and Oodles of Alternatives -- Chapter 12 Alternate Possibilities and Reid's Theory of Agent-causation -- Chapter 13 Responsibility and Agent-causation -- Chapter 14 Soft Libertarianism and Flickers of Freedom -- Chapter 15 'Ought' Implies 'Can', Blameworthiness, and the Principle of Alternate Possibilities -- Chapter 16 The Moral Significance of Alternate Possibilities -- Chapter 17 The Selling of Joseph - A Frankfurtian Interpretation -- Chapter 18 Some Thoughts Concerning PAP -- Bibliography -- Index. (shrink)

ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that sensitivity does (...) not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

Like other aspiring geologists in the 1830s, Darwin focused heavily on the rising and falling of the earth's crust. I use his time in the Andes to underscore the importance he placed on larger questions of vertical movement, which mountains helped to solidify in his mind. His most impressive ramblings occurred in 1835 on two high passes in the Andes. Prior to his upland journey, he was well prepared to see the gradual movement of the earth's crust, but his time (...) in the mountains honed his vertical vision. His actual travels up and over enabled him to think more clearly about rise and fall, and how corresponding geographies could link the past to the present. Mountains were instructive backdrops to his theorizing, partly because he traveled through them, but also because his time there, linked with other geographies, became a means to foster his thinking both spatially and temporally. He did not think about mountains, but with them and through them. He is a good example of the broader vertical consciousness that directed many sciences at this time. (shrink)

The central contention of The Implicit Mind is that understanding the two faces of spontaneity-its virtues and vices-requires understanding the "implicit mind." In turn, Michael Brownstein maintains that understanding the implicit mind requires the consideration of three sets of questions. First, what are implicit mental states? What kind of cognitive structure do they have? Second, how should we relate to our implicit attitudes? Are we responsible for them? Third, how can we improve the ethics of our implicit minds?

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)

A reconsideration of mill's theory of "higher pleasures," construed as a way of evaluating changes in preferences or character that result from changes in social environment. mill's account is criticized and partly reconstructed in light of modern preference theory, but viewed favorably as an illuminating attempt to address a fundamental problem in moral evaluation of social institutions. mill's advocacy of the higher pleasures is defended in particular against the charge that it is incompatible with his commitment to liberty.

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.

Ayn Rand's first novel, We the Living, offers an early form of the author's nascent philosophy—the philosophy Rand later called Objectivism. Robert Mayhew's collection of entirely new essays brings together pre-eminent scholars of Rand's writing. In part a history of We the Living, from its earliest drafts to the Italian film later based upon it, Mayhew's collection goes on to explore the enduring significance of Rand's first novel as a work both of philosophy and of literature.

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)

In Consciousness and the Social Brain, Princeton neuroscientist Michael Graziano lays out an audacious new theory to account for the deepest mystery of them all.

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.

Starting from Marr's ideas about levels of explanation, a theory of the data structures and access processes in human memory is demonstrated on 10 tasks. Functional characteristics of human memory are captured implementation-independently. Our theory generates a multidimensional task classification subsuming existing classifications such as the distinction between tasks that are implicit versus explicit, data driven versus conceptually driven, and simple associative (two-way bindings) versus higher order (threeway bindings), providing a broad basis for new experiments. The formal language clarifies the (...) binding problem in episodic memory, the role of input pathways in both episodic and semantic (lexical) memory, the importance of the input set in episodic memory, and the ubiquitous calculation of an intersection in theories of episodic and lexical access. (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)

Adam Smith and Thomas Reid follow Joseph Butler's lead in discussing the moral significance of resentment in great detail. David Hume does not. For Smith and Reid, resentment reveals shortcomings in Hume's attempt to ground justice solely in terms of self-interest and public utility. This can be seen most clearly in Reid's critique of Hume's response to the sensible knave. Reid argues that Hume's appeal to our integrity can have force only if Hume concedes that there are elements of justice (...) that are grounded in neither self-interest nor public utility. (shrink)

The concept of a "breed" of domestic cattle is predominantly a social construct. The late eighteenth century development of intensive selective breeding of livestock produced breeds that were visually distinguishable from each other. The adoption of breed standards was facilitated in part through paintings and drawings of idealized animals. These "ideal types" or "standards of perfection" further served as targets for breeders who attempted to achieve the artist's conception of the perfect animal. However, concepts of perfection change with fashion and (...) thus ideal types constitute moving targets. (shrink)

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.

Advaita Vedānta is one of the best-known schools of Indian philosophy, but much of its history-a history closely interwoven with that of medieval and modern Hinduism-remains surprisingly unexplored. This book focuses on a single remarkable work and its place within that history: The Ocean of Inquiry, a vernacular compendium of Advaita Vedānta by the North Indian monk Niścaldās (ca. 1791 - 1863). Though not well known today, Niścaldās's work was once referred to by Vivekananda (himself a key figure in the (...) shaping of modern Hinduism) as the most influential book in India. The present book situates The Ocean of Inquiry as a representative of both a neglected genre (vernacular Vedānta) and a neglected period (ca. 17th-19th centuries) in the history of Indian philosophy. It argues that the rise of Advaita Vedānta to a position of prestige began well before the period of British rule in India, and that vernacular texts like The Ocean of Inquiry played an important role in popularizing Vedāntic teachings. It also offers a new appraisal of the period of late Advaita Vedānta, arguing that it should not be seen as one of barren scholasticism. For thinkers like Niścaldās, intellectual "inquiry" (vicāra) was not an academic exercise but a spiritual practice-indeed, it was the central practice on the path to liberation. The book concludes by arguing that without understanding both vernacular Vedānta and the scholasticism of the period, one cannot fully understand the emergence of modern Hinduism. (shrink)

Psychology is dead. The self is a fiction invented by the brain. Brain plasticity isn?t all it?s cracked up to be. Our conscious learning is an observation post factum, a recollection of something already accomplished by the brain. We don?t learn to speak; speech is generated when the brain is ready to say something. False memories are more prevalent than one might think, and they aren?t all that bad. We think we?re in charge of our lives, but actually we are (...) not. On top of all this, the common belief that reading to a young child will make her brain more attuned to reading is simply untrue. (shrink)

The prelims comprise: Introduction Conclusion Notes.