Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher’s view on this matter as a way of furthering the debate on recidivist punishments.

BackgroundHIV prevention research in resource-limited countries is associated with a variety of ethical dilemmas. Key amongst these is the question of what constitutes an appropriate standard of health care (SoC) for participants in HIV prevention trials. This paper describes a community-focused approach to develop a locally-appropriate SoC in the context of a phase III vaginal microbicide trial in Mwanza City, northwest Tanzania.MethodsA mobile community-based sexual and reproductive health service for women working as informal food vendors or in traditional and modern (...) bars, restaurants, hotels and guesthouses has been established in 10 city wards. Wards were divided into geographical clusters and community representatives elected at cluster and ward level. A city-level Community Advisory Committee (CAC) with representatives from each ward has been established. Workshops and community meetings at ward and city-level have explored project-related concerns using tools adapted from participatory learning and action techniques e.g. chapati diagrams, pair-wise ranking. Secondary stakeholders representing local public-sector and non-governmental health and social care providers have formed a trial Stakeholders' Advisory Group (SAG), which includes two CAC representatives.ResultsKey recommendations from participatory community workshops, CAC and SAG meetings conducted in the first year of the trial relate to the quality and range of clinic services provided at study clinics as well as broader standard of care issues. Recommendations have included streamlining clinic services to reduce waiting times, expanding services to include the children and spouses of participants and providing care for common local conditions such as malaria. Participants, community representatives and stakeholders felt there was an ethical obligation to ensure effective access to antiretroviral drugs and to provide supportive community-based care for women identified as HIV positive during the trial. This obligation includes ensuring sustainable, post-trial access to these services. Post-trial access to an effective vaginal microbicide was also felt to be a moral imperative.ConclusionParticipatory methodologies enabled effective partnerships between researchers, participant representatives and community stakeholders to be developed and facilitated local dialogue and consensus on what constitutes a locally-appropriate standard of care in the context of a vaginal microbicide trial in this setting.Trial registrationCurrent Controlled Trials ISRCTN64716212. (shrink)

This compact collection of philosophical texts from the _Summa Theologica_--on God, creation, the soul, human acts, moral good and evil, love, habits, virtue, and law--is presented newly translated in abridged form and cast in a modified version of the medieval _quaestio_. Included are only the most important objections and Aquinas’ replies; appeals to scriptural, theological, and philosophical authorities have been omitted. Unlike the ordering of the originals, questions and answers are here presented prior to objections and replies; the result is (...) a sharp, rich, topically organized question-answer presentation of Aquinas' major philosophical arguments within a brief compass. A general Introduction, headnotes, a glossary, an index, and a select bibliography offer expert guidance to the work of this major philosopher. (shrink)

The Ikhwan al-Safa (Brethren of Purity), the anonymous adepts of a tenth-century esoteric fraternity based in Basra and Baghdad, hold an eminent position in the history of science and philosophy in Islam due to the wide reception and assimilation of their monumental encyclopaedia, the Rasa'il Ikhwan al-Safa (Epistles of the Brethren of Purity). This compendium contains fifty-two epistles offering synoptic accounts of the classical sciences and philosophies of the age; divided into four classificatory parts, it treats themes in mathematics, logic, (...) natural philosophy, psychology, metaphysics, and theology, in addition to didactic fables. The Rasa'il constitutes a paradigmatic legacy in the canonization of philosophy and the sciences in mediaeval Islamic civilization, as well as having shown a permeating influence in Western culture. The present volume is the first of this definitive series consisting of the very first critical edition of the Rasa' il in its original Arabic, with a complete, fully annotated English translation. This epistle, The Case of the Animals versus Man Before the King of the Jinn (Epistle 22), prepared by Professors Lenn E. Goodman and Richard McGregor, is arguably the best known, on account of its prominent ecological fable which casts the exploited and oppressed animals pursuing a case against mankind. Perhaps yet more relevant in modern times, the Ikhwan demonstrate the arrogance of man's claim to superiority, in contrast to the animals' pious understanding of their respective roles within nature. The fable complements and expands upon the short exposition on zoology featured at the beginning of the epistle. (shrink)

Many bodily sensations are connected quite closely with specific actions: itches with scratching, for example, and hunger with eating. Indeed, these connections have the feel of conceptual connections. With the exception of D. M. Armstrong, philosophers have largely neglected this aspect of bodily sensations. In this paper, I propose a theory of bodily sensations that explains these connections. The theory ascribes intentional content to bodily sensations but not, strictly speaking, representational content. Rather, the content of these sensations is an imperative: (...) in the case of itches, 'Scratch!' The view avoids non-intentional qualia and hence accords with what could be called, generalizing Lycan slightly, the 'hegemony of intentionality'. (shrink)

According to the ideal of tolerance, the state is supposed to be neutral or evenhanded in its dealings with religious sects and doctrines. The tolerant state does not pursue policies aimed at favoring one sect over another.

This volume is a comprehensive roadmap to the burgeoning area of affective sciences, which now spans several disciplines. The Handbook brings together, for the first time, the various strands of inquiry and latest research in the scientific study of the relationship between the mechanisms of the brain and the psychology of mind. In recent years, scientists have made considerable advances in understanding how brain processes shape emotions and are changed by human emotion. Drawing on a wide range of neuroimaging techniques, (...) neuropsychological assessment, and clinical research, scientists are beginning to understand the biological mechanisms for emotions. As a result, researchers are gaining insight into such compelling questions as: How do people experience life emotionally? Why do people respond so differently to the same experiences? What can the face tell us about internal states? How does emotion in significant social relationships influence health? Are there basic emotions common to all humans? This volume brings together the most eminent scholars in the field to present, in sixty original chapters, the latest research and theories in the field. The book is divided into ten sections: Neuroscience; Autonomic Psychophysiology; Genetics and Development; Expression; Components of Emotion; Personality; Emotion and Social Processes; Adaptation, Culture, and Evolution; Emotion and Psychopathology; and Emotion and Health. This major new volume will be an invaluable resource for researchers that will define affective sciences for the next decade. (shrink)

Philosophers perennially debate the nature of the good for humans. Is it subjective or objective? That is to say, do the things that are intrinsically good for an agent, good for their own sakes and apart from further consequences, acquire this status only in virtue of how she happens to regard them? Or are there things that are good in themselves for an individual independently of her desires and attitudes toward them? The issue sounds recondite, but has been thought to (...) be pregnant with implications for politics as it ought to be. Plato vigorously insists that knowledge of the good is precious and the person who has it is uniquely fit to rule: "In the world of knowledge, the last thing to be perceived and only with great difficulty is the essential Form of Goodness. Once it is perceived, the conclusion must follow that, for all things, this is the cause of whatever is right and good; in the visible world it gives birth to the light and to the lord of light, while it is itself sovereign in the intelligible world and the parent of wisdom and truth. Without having had a vision of this Form no one can act with wisdom, either in his own life or in matters of state.". (shrink)

As an affluent person in a world of needy poor, I should probably do more to aid badly off persons around the globe. Many people subscribe to this thought, which prompts guilt and chagrin. However, the thought readily becomes an extremely demanding vise. If I am contemplating using a few dollars of mine to go to a restaurant and a movie, I might reflect that the money would do more good, yield more moral value, if I refrained from the personal (...) expense and gave the money to a relief agency serving the global poor. Transferred to the relief agency, the money would save a life or prevent a severe deterioration in the quality of someone’s life. The vise tightens when I reflect further that if I give the few dollars to a relief agency, essentially the same decision problem recurs. I could contribute another similar increment of resources to a worthy cause and further reduce my expenditures to enhance my own quality of life. And another, and another, and so on. Peter Singer has observed that virtually all of us would agree that if we chance upon a child drowning in a pond we ought to save the child’s life even if the life-saving activity imposes a considerable sacrifice on us. We live in a world in which, in effect, children drowning in ponds or the moral equivalent are ubiquitous, and thanks to the existence of networks of. (shrink)

This essay surveys varieties of the luck egalitarian project in an exploratory spirit, seeking to identify lines of thought that are worth developing further and that might ultimately prove morally acceptable. I do not attend directly to the critics and assess their concerns; I have done that in other essays. 7 I do seek to identify some large fault lines, divisions in ways of approaching the task of constructing a theory of justice or of conceiving its substance. These are controversial (...) in the sense that in the present state of discussion it is unclear how best to view them or to which side it is better to scramble. But in the end of course I’m not a moral geographer and map-maker, just an involved spectator/tourist offering yet another view of the cathedral. (shrink)

A notable achievement of T.M. Scanlon's What We Owe to Each Other is its sustained critique of welfarist consequentialism. Consequentialism is the doctrine that one morally ought always to do an act, of the alternatives, that brings about a state of affairs that is no less good than any other one could bring about. Welfarism is the view that what makes a state of affairs better or worse is some increasing function of the welfare for persons realized in it. I (...) shall argue that Scanlon’s critique, though containing much of interest, fails on its own terms. (shrink)

One way to think about capitalism-versus-socialism is to examine the extent to which capitalist economic institutions are compatible with the fulfillment of socialist ideals. The late G. A. Cohen has urged that the two are strongly incompatible. He imagines how it would make sense for friends to organize a camping trip, distills the socialist moral principles that he sees fulfilled in the camping trip model, and observes that these principles conflict with a capitalist organization of the economy. He adds that (...) these principles are ethically attractive, so if it is feasible to organize the economy on the camping trip model, we ought to do so. This essay argues to the contrary that for all that has been said, capitalist economic arrangements might be in the set of institutional arrangements that overall would best fulfill the camping trip principles, and anyway, the principles themselves ought to be rejected, so the question whether or not a capitalist set-up might satisfy these principles should not interest us. The grounds for rejecting the camping trip principles support a form of welfarist consequentialism that denies that equality of distribution of any sort is per se ethically desirable and also denies that liberal freedoms to live as one chooses are per se morally desirable. Equality and freedom should rather be regarded as in the light of possible means (or hindrances) to advancing good for people, fairly distributed. (shrink)

The lucid presentation makes the book an ideal introduction to both philosophy and Darwinism, as well as a substantive contribution to topics of intense current ...

If an array of goods is for sale on a market, one’s wealth, the tradeable resources one owns, determines what one can purchase from this array. One’s income is the increment in wealth one acquires over a given period of time. In any society, we observe some people having more wealth and income, some less. At any given time, in some societies average wealth is greater than in others. Across time, we can observe societies becoming richer or poorer and showing (...) more or less equal distributions of wealth among their members. Does it matter from an ethical standpoint whether some people have more income and wealth than others? Does securing a more equal distribution of income and wealth either constitute the achievement of something that is intrinsically morally desirable or serve as a reliable means to the achievement of some intrinsic moral value? If we suppose that justice demands equalizing the income of wealth of persons in many circumstances, what principles of justice generate this demand? (shrink)

From all points of the political compass, from widely different groups, have come indignant outcries against the trade in human organs from live vendors. Opponents contend that such practices constitute a morally outrageous and gross exploitation of the poor, inherently coercive and obviously intolerable in any civilized society. This article examines the arguments typically offered in defense of these claims, and finds serious problems with all of them. The prohibition of organ sales is derived not from the principles and argument (...) usually invoked in support of prohibition, but rather, from strong feelings of repugnance which exert an invisible but powerful influence on the debate, distorting the arguments [and working] to the detriment of the [very] people most in need of protection. (shrink)

At present, there is an enormous gulf between the visibility of evil and the paucity of our intellectual resources for coming to grips with it. We have been flooded with images of death camps, terrorist attacks and horrendous human suffering. Yet when we ask what we mean by radical evil and how we are to account for it, we seem to be at a loss for proper responses. Bernstein seeks to discover what we can learn about the meaning of evil (...) and human responsibility. He turns to philosophers such as Kant, who coined the expression 'radical evil', as well as to Hegel and Schelling. He also examines more recent explorations of evil, namely the thinking of Freud and Nietzsche on the moral psychology of evil. Finally, he looks at the way in which three post-Holocaust thinkers - Emmanuel Levinas, Hans Jonas, and Hannah Arendt - have sought to come to grips with evil "after Auschwitz." Bernstein's primary concern throughout this challenging book is to enrich and deepen our understanding of evil in the contemporary world, and to emphasize the vigilance and personal responsibility required for combating it. Radical Evil will be essential reading for students and scholars of philosophy, social and political theory, and religious studies. (shrink)

All of these essays focus on the concept of modernity in the philosophical work of Jurgen Habermas - an ambitious and carefully argued intellectual project that invites, indeed demands, rigorous scrutiny. Following an introductory overview of Habermas's work by Richard Bernstein, Albrecht Wellmer's essay places the philosopher within the tradition of Hegel, Marx, Weber, and Critical Theory. Martin Jay discusses Habermas's views on art and aesthetics, and Joel Whitebook examines his interpretations of Freud and psychoanalysis, Anthony Giddens offers a (...) critical reading of Habermas's major work, "The Theory of Communicative Action. Richard Rorty criticizes the whole thrust of his program by way of a comparison with the work of the French philosopher of postmodernity, Jean-Francois Lyotard. And Thomas McCarthy concentrates on the question of the selectivity of rationalization processes in the modern age. Habermas himself has three contributions - on Marcuse, on neoconservativism, and a reply to the other essayists. Richard J. Bernstein is T. Wistar Brown Professor of Philosophy at Haverford College. He was editor of the journal "Praxis International, in which these essays recently appeared. "Habermas and Modernity "is included in the series Studies in contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

Introduction i This book is about how we study history, how we research and write about it, and how we read it. In the postmodern age, historians are being ...

Amartya Sen?s The Idea of Justice (2009) mistakenly characterizes transcendental accounts of justice as being unable to compare non-ideal alternatives, and thus misfires as a criticism of Robert Nozick and John Rawls. In fact, Nozick?s disinterest in when rights may be overridden does not bespeak indifference to specific questions of comparative assessment, and Lockean rights do give determinate advice in everyday circumstances. Sen correctly reports that Rawls?s theory is defective at giving practical normative advice, but the basic problem is the (...) over-rigidity of Rawls?s absolute priority relations, not transcendentalism. Sen?s search for a complete moral theory requires that he produce one. Act consequentialism is one promising complete theory of justice, having both transcendental grounding and clear methods for comparative assessment. I also propose moving from Sen?s capabilities standard of social justice to one based on functioning. The latter facilitates distinguishing between trivial and worthless capabilities and important and worthwhile ones, and focuses social justice more squarely on the end of well-being. (shrink)

Following hints in the writings of Isaiah Berlin, some political theorists hold that the thesis of value pluralism is true and that this truth provides support for political liberalism of a sort that prescribes wide guarantees of individual liberty.1 There are many different goods, and they are incommensurable. Hence, people should be left free to live their own lives as they choose so long as they don’t harm others in certain ways. In a free society there is a strong presumption (...) in favor of letting individuals act as they choose without interference by others. William A. Galston has developed this argument with exemplary clarity.2 He is wrong. The idea that value incommensurability is a reason for toleration of diverse ways of life and protection of the individual’s freedom to choose among diverse ways of life is a mistake. In his paper for this volume, What Value Pluralism Means for Legal Constitutional Orders, Galston undertakes to resolve a further problem, namely, whether the presumption in favor of individual liberty that value pluralism establishes can be kept within bounds. In his words, “Within the pluralist framework, how is the basis for a viable political community to be secured?”3 On one construal of these words, Galston is seeking the solution to a non-problem. Value pluralism does not establish any normative presumption in favor of liberty, so the worry “does this presumption hold without limit” or, “are there good reasons that constrain it at some point”, is otiose. On another construal, Galston is addressing a different question: if most of the members of society came to believe that given value pluralism, they ought to be left free to live according to their own conception of values, then would a “decently ordered public life” be impossible to sustain?4 On the second construal, the issue being posed is a genuine empirical question, which philosophical arguments cannot answer. (shrink)

Most individuals realise that we have a moral obligation to avoid the evils of war. But this realization raises a host of difficult questions when we, as responsible individuals, witness harrowing injustices such as ""ethnic cleansing"" in Bosnia or starvation in Somalia. With millions of lives at stake, is war ever justified? And, if so, for what purpose? In this book, Richard J. Regan confronts these controversial questions by first considering the basic principles of just-war theory and then applying (...) those principles to historical and ongoing conflicts. Part One presents two opposing viewpoints: first, that war is not subject to moral norms and, second, that war is never morally permissible. The author rejects both perspectives, and moves to define the principles of just-war theory. He evaluates the roles of the president, Congress and, most importantly, the UN Security Council in determining when long-term US military involvement is justified. The moral limits of war conduct and the moral problem of using, or threatening to use, nuclear weapons are also discussed. On the just cause to wage war, Regan argues that defense of nations and nationals - whether in self-defense or in defense of others - remains the ""only"" classical cause that in the modern world would justify resorting to war. With respect to military intervention in secessionist and revolutionary wars, he contends that such intervention might be justified, but that prudence dictates extreme caution. In considering acceptable war conduct, Regan elaborates the specific principle of discrimination and proportionality; he maintains that civilians uninvolved in the enemy's war should not be directly targeted and that the costs of military action must be proportionate to the anticipated benefits of destroying military targets. The second part of the book presents case studies of eight historical wars - World War I, the Vietnam War, the Falklands War, the revolution and civil war in Nicaragua, the civil war in El Salvador, the Gulf War, the intervention in Somalia, and the Bosnian War - and poses several provocative questions about each. It invites readers and students to apply just-war principles to complex war-related situations and to understand the factual contingencies involved in moral judgements about war decisions. The book should be of particular interest to students of the moral issues of international relations and to readers interested more generally in philosophy, theology and political science. (shrink)

In his first work, the Dialecticae Institutiones of 1543, Peter Ramus urged those who wanted to learn the truth about the world not to approach scholars, but vineyard workers. “From their minds, as...

Drawing freely and expertly from Continental and analytic traditions, Richard Bernstein examines a number of debates and controversies exemplified in the works of Gadamer, Habermas, Rorty, and Arendt. He argues that a "new conversation" is emerging about human rationality—a new understanding that emphasizes its practical character and has important ramifications both for thought and action.