Gideon Rosen (2014) has drawn our attention to cases of duress of a particularly interesting sort: the person's ‘mind is not flooded with pain or fear’, she knows exactly what she is doing, and she makes a clear-headed choice to act in, as Rosen says, ‘awful ways’. The explanation of why we excuse such actions cannot be that the action was not voluntary. In addition, although some duress cases could also be viewed as necessity cases and thus as justified, Rosen (...) wisely sets aside that complicating factor by zeroing in on those cases where the action clearly is not justified. So why do we excuse in these cases, where the action is not justified and the agent acted voluntarily?Rosen thinks the key lies in the ‘ill will’ condition, ‘the idea that an act is blameworthy only if it manifests insufficient concern or regard for those affected’. He says this is relatively uncontroversial; much of my paper is taken up with calling the ‘ill will’ condition into question. I also take issue with Rosen on just how justifications and excuses differ. I argue in favour of understanding justifications (in a context where we are asking how justifications and excuses differ) as not requiring truth, but only reasonable belief. (shrink)

Clarke A. Chambers interviews Marcia Eaton, professor in the Department of Philosophy.

In the field of germline development in amniote vertebrates, primordial germ cell (PGC) specification in birds and reptiles remains controversial. Avians are believed to adopt a predetermination or maternal specification mode of PGC formation, contrary to an inductive mode employed by mammals and, supposedly, reptiles. Here, we revisit and review some key aspects of PGC development that channelled the current subdivision, and challenge the position of birds and reptiles as well as the ‘binary’ evolutionary model of PGC development in vertebrates. (...) We propose an alternative view on PGC specification where germ plasm plays a role in laying the foundation for the formation of PGC precursors (pPGC), but not necessarily of PGCs. Moreover, inductive mechanisms may be necessary for the transition from pPGCs to PGCs. Within this framework, the implementation of data from birds and reptiles could provide new insights on the evolution of PGC specification in amniotes. (shrink)

The emphasis on duly in Kant's ethics is widely held to constitute a defect. Marcia W. Baron develops and assesses the criticism, which she sees as comprising two objections: that duty plays too large a role, leaving no room for the supererogatory, and that Kant places too much value on acting from duty. Clearly written and cogently argued, Kantian Ethics Almost without Apology takes on the most philosophically intriguing objections to Kant's ethics and subjects them to a rigorous yet sympathetic (...) assessment. (shrink)

This book is a philosophical reflection on the experience of time from within exile. Its focus on temporality is unique, as most literature on exile focuses on the experience of space, as exile involves dislocation, and moods of nostalgia and utopia. Marcia Sá Cavalcante Schuback proposes that in exile, time is experienced neither as longing back to the lost past nor as wanting a future to come but rather as a present without anchors or supports. She articulates this present as (...) a "gerundive" mode, in which the one who is in exile discovers herself simply being, exposed to the uncanny experience of having lost the past and not having a future. To investigate this, the book establishes a conversation among three authors whose work has exemplified this sense of gerundive time: the German philosopher Martin Heidegger, the French writer and essayist Maurice Blanchot, and the Brazilian writer Clarice Lispector. The book does not aim to discuss how these authors understand the relation between time and exile but enters in conversation with them in relation to this question. Attempting to think and express this difficult sense of time from within exile, the book engages with the relation between thought and language, and between philosophy and literature. Departing from concrete existential questions, it opens new philosophical and theoretical modes through which to understand what it means to be present in times of exile. (shrink)

During the past decade ethical theory has been in a lively state of development, and three basic approaches to ethics - Kantian ethics, consequentialism, and virtue ethics - have assumed positions of particular prominence.

To "look good" and to "be good" have traditionally been considered two very different notions. Indeed, philosophers have seen aesthetic and ethical values as fundamentally separate. Now, at the crossroads of a new wave of aesthetic theory, Marcia Muelder Eaton introduces this groundbreaking work, in which a bold new concept of merit where being good and looking good are integrated into one.

Friends as well as foes of Kant have long been uneasy over his emphasis on duty, but lately the view that there is something morally repugnant about acting from duty seems to be gaining in popularity. More and more philosophers indicate their readiness to jettison duty and the moral 'ought' and to conceive of the perfectly moral person as someone who has all the right desires and acts accordingly without any notion that (s)he ought to act in this way. Elsewhere' (...) I have argued that such a picture of the perfectly moral person is flawed. In this paper I examine the claim that acting from duty is morally repugnant. There is some truth to this charge, but, I argue, the repugnance attaches not to acting from duty as such, but only to certain ways of acting from duty. In isolating the objectionable elements of acting from duty, I hope not only to vindicate the skeletal concept but also to offer illumination on the question of just how we should understand morally good conduct. (shrink)

...believe that his theory asks too much, demanding total devotion to morality and treating everything worth doing (and perhaps more) as a duty. But, despite their differences, the two sets of...

When successful and ethical managers are alerted to possible organizational wrongdoing, they take corrective action before the problems become crises. However, recent research [e.g., Rynes et al. (2007, Academy of Management Journal50(5), 987–1008)] indicates that many organizations fail to implement evidence-based practices (i.e., practices that are consistent with research findings), in many aspects of human resource management. In this paper, we draw from years of research on whistle-blowing by social scientists and legal scholars and offer concrete suggestions to managers who (...) are interested in encouraging internal reporting of problems requiring attention, and to observers of questionable activity who are considering reporting it. We also identify ways that research suggests policy-makers can have a more positive influence. We hope that these suggestions will help foster evidence-based practice regarding whistle-blowing. (shrink)

It is widely agreed that the top three Model Penal Code culpability levels suffice for criminal liability, but the fourth is controversial. And it isn’t just the particular MPC wording; that negligence should be on the list at all is controversial. My question is: What makes negligence so different? What is it about negligence that gives rise to the view that it should not suffice for criminal liability? In addressing it, I draw attention to how we conduct the debate, and (...) how our framing of the issues is shaping it. My hope is to prompt thought and discussion on just what we want the element of mens rea to provide, and to draw attention to background assumptions that shape our views of what it should take for negligence to count as a species of mens rea. (shrink)

Marcia Cavell draws on philosophy, psychoanalysis, and the sciences of the mind in a fascinating and original investigation of human subjectivity. A "subject" is a creature, we may say, who recognizes herself as an "I," taking in the world from a subjective perspective; an agent, doing things for reasons, sometimes self-reflective, and able to assume responsibility for herself and some of her actions. If this is an ideal, how does a person become a subject, and what might stand in the (...) way? One of Marcia Cavell's guiding premises is that philosophical investigation into the specifically human way of being in the world cannot separate itself from investigations of a more empirical sort. Cavell brings together for the first time reflections in philosophy, findings in neuroscience, studies in infant development, psychoanalytic theory, and clinical vignettes from her own psychoanalytic practice. (shrink)

Cavell elaborates the view, traceable from Wittgenstein to Davidson, that there is no thought, and thus no meaning, without language, and shows how this concurs ...

The distinction between justifications and excuses is a familiar one to most of us who work either in moral philosophy or legal philosophy. But exactly how it should be understood is a matter of considerable disagreement. My aim in this paper is, first, to sort out the differences and try to figure out what underlying disagreements account for them. I give particular attention to the following question: Does a person who acts on a reasonable but mistaken belief have a justification, (...) or only an excuse? One disagreement I highlight concerns the extent to which justification is primarily about agents rather than about actions. Those who think, as I do, of “His action, X, was justified” as “He was justified in doing X” are far more likely to allow that justification requires reasonable belief and does not require truth, than are those who think of “His action, X, was justified” as “Although actions of this type usually are prohibited, X is in these circumstances in fact permissible.” In addition to sorting out the differences and tracing them to some underlying disagreements, I defend the reasonable belief view of justification against some objections, and argue that, whether or not we continue to use the term “justified” in a way that does not require truth, we need the concept. Contrary to the claims of some who reject the reasonable belief view of justification, justification thus understood does not reduce to excuse. (shrink)

Justifications and excuses are defenses that exculpate. They are therefore much more like each other than like such defenses as diplomatic immunity, which does not exculpate. But they exculpate in different ways, and it has proven difficult to agree on just what that difference consists in. In this paper I take a step back from justification and excuse as concepts in criminal law, and look at the concepts as they arise in everyday life. To keep the task manageable, I focus (...) primarily on excuses and excusing activities, distinguishing them from justifications as well as from other close relatives, in particular, forgiving and pardoning. I draw upon J.L. Austin’s classic A Plea for Excuses, but expand on his account, suggesting that we offer excuses for reasons besides those he mentions. My hope is that my examination of excuses and excusing activities will help us rethink our views on just how justifications and excuses differ, views which often are worked out without much attention to how these concepts function in everyday life and to the connection between offers of excuses and justifications and the rules of civility. (shrink)

American doctors in the 1990s are being asked to serve as "double agents," weighing competing allegiances to patients' medical needs against the monetary costs to society. This situation is a reaction to rapid cost increases for medical services, themselves the result of the haphazard development since the 1920s of an inherently inflationary, open-ended system for funding and delivering health care. The answer to an inefficient system, however, is not to stint on care, but rather to restructure the system to remove (...) the inflationary pressures. As long as we are spending enormous resources on an inherently inefficient and inflationary system we cannot justify asking doctors to withhold beneficial care to save money for third-party payers. Doing so serves a largely political agenda and endangers the patient-centered ethic that is central to medicine. (shrink)

This valuable and interesting book attempts to discern the essential Freudian theses about the mind and to give them a cogent philosophical defense. Like many philosophers Gardner sees psychoanalytic explanation as continuous with folk psychology, though he holds that the latter needs considerable expansion in order to accommodate irrationality of the “Freudian” sorts.

This article presents a Kantian alternative to the mainstream approach in ethics concerning the phenomena that are widely thought to require a category of the supererogatory. My view is that the phenomena do not require this category of imperfect duties. Elsewhere I have written on Kant on this topic; here I shift my focus away from interpretive issues and consider the pros and cons of the Kantian approach. What background assumptions would lean one to favour the Kantian approach and what (...) sorts would lean one to favour the mainstream approach? I also consider the possibility that in institutional contexts, there is a need for the category of the supererogatory. Here, it seems, we do need to know what we really have to do and what is beyond the call of duty; in this context, however, duty is not the Kantian moral notion, but rather is pegged to particular roles, or to the needs of the institution or group or club of which one is a member. But even here, I argue, the notion of the supererogatory is not crucial. (shrink)

What is the relation between shame and shamelessness? It may seem obvious: shamelessness is simply the absence of shame. But on reflection, it becomes clear that the story is considerably more complicated. Michelle Mason's intriguing "On Shamelessness" prompts such reflection. Mason argues that we should be mindful of the "moral importance of shame" and "unapologetic in its defense", and she does so via an examination of shamelessness and an argument to the effect that shamelessness is a moral fault. The tacit (...) assumption is that insofar as shamelessness is a moral fault, the value of shame is vindicated. I challenge that assumption. (shrink)

Stoicism in classical Latin literature--2. Stoicism in Christian Latin thought through the sixth century.

This chapter contains sections titled: The Obligatory Ends Anti‐paternalism and the Duty of Beneficence Beneficence: The Finer Points The Question of Latitude Latitude and (Im)partiality Gratitude Sympathy Conclusion Bibliography.

In this article, we describe the social and economic changes that have contributed to contemporary problems of work—family conflict, gender inequality, and risks to children's healthy development. We draw on feminist welfare state scholarship to outline an institutional arrangement that would support an earner—carer society—a social arrangement in which women and men engage symmetrically in paid work and unpaid caregiving and where young children have ample time with their parents. We present a blueprint for work—family reconciliation policies in three areas—paid (...) family-leave provisions, working-time regulations, and early childhood education and care—and we identify key policy design principles. We describe and assess these work—family reconciliation policies as they operate in six European countries widely considered to be policy exemplars: Denmark, Finland, Norway, Sweden, Belgium, and France. We close with an analysis of potential objections to these policies. (shrink)