The question addressed here is whether evidence concerning defendants' past criminal records should be introduced at their trials because such evidence reveals their character and thus reveals whether they are the kinds of persons likely to have committed the crimes with which they are currently charged. I strongly caution against the introduction of such evidence for a number of reasons. First, the link between defendants' past criminal records and claims about their standing dispositions to think and act is tenuous, at (...) best. Second, noncharacter, or trace, evidence should have primacy in determining the guilt or innocence of defendants. Third, character evidence will vary in its freshness and specificity. Other things being equal, only relatively fresh and specific character evidence has probative value. Moreover, such evidence will have greater probative value in criminal cases where the issue before the court is whether a crime has been committed than in cases where the issue is whether it was the defendant who committed the crime. Finally, we might be more sanguine about the introduction of fresh and specific character evidence under conditions likely to work against its misuse or misinterpretation. However, the relevant conditions may not often be satisfied in the real world of criminal trials and defendants. (shrink)

This book draws upon philosophical arguments, criminological evidence, and legal literature on prisoners' rights and sentencing to explore the restrictions and deprivations that can be legitimately imposed on serious offenders in the name of punishment.

In _Freedom and the End of Reason_, Richard L. Velkley offers an influential interpretation of the central issue of Kant’s philosophy and an evaluation of its position within modern philosophy’s larger history. He persuasively argues that the whole of Kantianism—not merely the Second Critique—focuses on a “critique of practical reason” and is a response to a problem that Kant saw as intrinsic to reason itself: the teleological problem of its goodness. Reconstructing the influence of Rousseau on Kant’s thought, Velkley (...) demonstrates that the relationship between speculative philosophy and practical philosophy in Kant is far more intimate than generally has been perceived. By stressing a Rousseau-inspired notion of reason as a provider of practical ends, he is able to offer an unusually complete account of Kant’s idea of moral culture. (shrink)

In a recent paper in Psychological Science, Kouider and Dupoux reported obtaining unconscious Stroop priming only when subjects had partial awareness of the masked distractor words . Kouider and Dupoux conjectured that semantic priming occurs only when such partial awareness is present. The present experiments tested this conjecture in an affective categorization priming task that differed from Kouider and Dupoux’s in using masked distractors that subjects had practiced earlier as visible words. Experiment 1 showed priming from practiced words when subjects (...) had no partial awareness of those words. Experiment 2 showed that, in the absence of partial awareness, practiced words yielded priming but not-practiced words did not. Experiment 3 corroborated Experiment 1 and 2s results using a different test of partial awareness. These results suggest that unconscious processing of subword elements drives masked semantic priming by practiced words. (shrink)

The purpose of this paper is to examine the distinction between "negative" and "positive" duties. Special attention will be given to certain criticism raised against this distinction by Michael Tooley.

Nature, God and Humanity clarifies the task of forming an ethics of nature, thereby empowering readers to develop their own critical, faith-based ethics. Calling on original, thought-provoking analyses and arguments, Richard L. Fern frames a philosophical ethics of nature, assesses it scientifically, finds support for it in traditional biblical theism, and situates it culturally. Though defending the moral value of beliefs affirming the radical Otherness of God and human uniqueness, this book aims not to compel the adoption of any (...) particular ethic but rather illumine the contribution diverse forms of inquiry make to an ethics of nature. How does philosophy clarify moral conviction? What does science tell us about nature? Why does religious faith matter? Rejecting the illusion of a single, rationally-compelling ethics, Fern answers these questions in a way that fosters both agreement and disagreement, allowing those holding conflicting ethics of nature to work together for the common good. (shrink)

First, this article summarizes major arguments levied against codes. Second, standards for a sound ethical code are presented. Third, a trend is described toward more concrete codes developed by specific communication organizations. Finally, positive functions of codes are examined, with special emphasis on two: the argumentative function and the character?depiction function.

The physical and relational structure of the biologic continuum (both internal and external to the organism) creates the information signature that is the basis for the origination of meaning in the living system. A meaning metric can be grounded in the significance of that information to the stability of the system during the process of adaptive reconciliation of divergences from the steady state condition. From this perspective, an information-theoretic formulation of the process for translating incident information into adaptive action is (...) proposed that can be practically used in defining and quantifying the meaning of that information for the living system. (shrink)

Richard Tieszen presents an analysis, development, and defense of a number of central ideas in Kurt Gödel's writings on the philosophy and foundations of mathematics and logic. Tieszen structures the argument around Gödel's three philosophical heroes - Plato, Leibniz, and Husserl - and his engagement with Kant, and supplements close readings of Gödel's texts on foundations with materials from Gödel's Nachlass and from Hao Wang's discussions with Gödel. He provides discussions of Gödel's views, and develops a new type of (...) platonic rationalism that requires rational intuition, called 'constituted platonism'. (shrink)

Theories of Truth provides a clear, critical introduction to one of the most difficult areas of philosophy. It surveys all of the major philosophical theories of truth, presenting the crux of the issues involved at a level accessible to nonexperts yet in a manner sufficiently detailed and original to be of value to professional scholars. Kirkham's systematic treatment and meticulous explanations of terminology ensure that readers will come away from this book with a comprehensive general understanding of one of philosophy's (...) thorniest set of topics. -/- Included are discussions of the correspondence, coherence, pragmatic, semantic, performative, redundancy, appraisal, and truth-as-justification theories. There are also chapters or sections of chapters on the liar paradox, three-valued logic, Field's critique of Tarski, Davidson's program, Dummett's theory of linguistic competence, satisfaction, recursion, the extension/intension distinction, and an explanation of how theories of justification, properly understood, differ from theories of truth. -/- A persistent theme is that philosophers have too often failed to recognize that not all theories of truth are intended to answer the same question. When the various questions are made distinct, it is apparent that many of the "debates" in this field are really cases of philosophers talking past one another. There is much less disagreement within the field than has commonly been thought. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2015 Heft: 207 Seiten: 489-528.

In a number of essays published over the last decade or so, W. V. Quine has made some interesting suggestions concerning the ontology of theories. If I understand him correctly, one of his principal objects has been to formulate a criterion by means of which one can correctly decide what are the ontological commitments of any given theory. My aim in this paper is to reveal what I think are inadequacies in Quine's criterion and to indicate the direction in which (...) a proper formulation lies. (shrink)

The dominant approach to the analysis of issues in business ethics consists in the articulation and use of a set of mid-level moral principles. This approach is geared to business practitioners who are not interested in the difficult problems of moral and political theory. I argue that this "practitioner model" is philosophically suspect. I show how the theoretical frameworks prominent business ethicists employ are insufficiently developed. I also show how many of their analyses presuppose substantive views about issues of social (...) justice which they rarely defend or acknowledge. Since no neutral position on these issues is available, I argue that the only alternative is to address the problems such issue's raise for the analysis of institutions and the conduct of persons acting under those institutions. I offer suggestions about how we can develop a more philosophically defensible approach to business ethics. (shrink)

The paper is a paradigmatic presentation of what the new science of communicology represents: the semiotic and phenomenological study of humandiscourse and the critical study of discourse and practice both, an interaction of communication, mass communications, popular culture, public relations, advertising, marketing, linguistics, discourse analysis, political economy, institutional analysis, organization of urban and rural spaces, ergonomics, body culture, clinical practice, health care, constructions of disease, health, and rehabilitation, human factors, signage, and so forth. Communicology is the human science research result (...) in which validity and reliability are logic constructs based in the necessary and sufficient conditions of discovered systems (codes), whether eidetic (based in consciousness) or empirical (based in experience). (shrink)

This article provides a brief background of key issues in physician burnout, a significant problem in the healthcare industry. The extent and severity of burnout are not well understood, and those seeking help are often stigmatized. A number of different approaches to alleviating burnout have been suggested, but the problem lacks any single or simple solution.We posit that an ethics committee may be well positioned to help address this issue because of its unique position within an institution. An ethics committee (...) serves the entire hospital staff regardless of department. As such it may be able to identify common elements in the development of burnout, and can serve as a conduit to administration in identifying these. An ethics committee can obtain information about the extent of burnout by conducting surveys to assess the extent and severity of burnout in an institution, and serve as a central resource to help address and alleviate it.Finally, an ethics committee may be able to act as an intermediary between practitioners and the administration, in advising the administration of the extent of the problem and offer suggestions for alleviating it. (shrink)

In a recent paper Anthony Flew gives an argument which can be outlined as follows: 1. Any attempt to give a ‘free will defence’ must be based either on a compatibilist notion of free will or a libertarian, incompatibilist, notion of free will. 2. A free will defence based on a compatibilist notion of free will must fail, for on a compatibilist view of free will, God could make creatures who were free but never chose evil. 3. A free will (...) defence based on a libertarian notion of free will might have other difficulties, but on a libertarian view of free will God could not both leave men free and bring it about that they never chose evil. 4. But a free will defence based on an incompatibilist, libertarian notion of free will can be rejected, since: It is not clear that the ordinary use of such key terms as ‘action’ and ‘choice’ carry any implications of libertarian free will. If such terms did carry the implication of libertarian free will it becomes hard to see how anyone could be in a position to know that a choice had been made or an action performed. The possession of libertarian free will by created beings seems to be incompatible with the essential theistic doctrine that all created beings are always utterly dependent on God as their sustaining cause. 5. Therefore the free will defence fails. (shrink)

The most popular method of incorporating time into a formal logic is based on the work of Arthur Prior. It treats tenses as operators on sentences. In this essay I show a serious problem with that approach, a confusion of scheme versus proposition, which makes any system built in that way incoherent. I will compare how other formal logics deal with the scheme versus proposition distinction and find that only for formal modal logics does the same problem arise. I then (...) compare Prior’s approach to other ways of taking time into account in formal logics. (shrink)

Aristotle's essentialism is generally recognized as involving a distinction between what belongs to something _in itself (kath' hauto) and what belongs to it _accidentally (kata sumbebekos). But he distinguishes two relevant senses of "_in itself"; the first referring to what belongs to something in _what it is, the second referring to such attributes as: odd to number, male to animal, curved to line, and white to surface. I set out these distinctions, and argue that Aristotle counts the second class of (...) _in itself attributes as being just as essential to the individual substances to which they belong as the first. (shrink)

The United States relies on uncompensated family caregivers to provide most of the long-term care required by older adults as they age. But such care comes at a significant financial cost to these caregivers in the form of lower lifetime earnings and diminished Social Security retirement benefits, ineligibility for Medicare coverage of their healthcare costs, and minimal retirement savings. To reduce the impact of uncompensated caregiving on the intergenerational transmission of poverty, this paper discusses three possible mechanisms of compensating family (...) caregivers: public payments, deemed wage credits under Social Security, and income tax incentives. (shrink)

(Bibliotheca Humanistica & Reformatorica, Vol. XL). With Frontispiece.

Negative retributivism is the view that though the primary justifying aim of legal punishment is the reduction of crime, the state's efforts to do so are subject to side-constraints that forbid punishment of the innocent and disproportionate punishment of the guilty. I contend that insufficient attention has been paid to what the side-constraints commit us to in constructing a theory of legal punishment, even one primarily oriented toward reducing crime. Specifically, I argue that the side-constraints limit the kinds of actions (...) that are appropriately criminalised, the kinds of beings who are appropriately liable to legal punishment, and the absolute and comparative severity of sanctions. I also argue that a third retributive constraint is needed, one which I term a ‘non-degradation constraint’. According to this third constraint, in our efforts to reduce crime, we must avoid treating offenders as non-moral beings and ensure that punishment does not atrophy or erode the complex capacity for moral responsibility. When this third constraint is combined with the persuasive instrumental case for promoting the moral responsiveness of offenders, the result is an approach to crime reduction that is quite different from ones which emphasise general deterrence and incapacitation. In the closing section, I broach the question whether negative retributivism has been appropriately characterised in the literature on legal punishment. (shrink)

Two recent discussions concerning punishment of the socially deprived reach conflicting conclusions. Andrew von Hirsch and Andrew Ashworth argue that we should sympathize with the predicament of the poor and therefore mitigate their sentences. Peter Chau disputes von Hirsch and Ashworth’s conclusion, contending that having to face strong temptations is not an appropriate ground for reducing anyone’s punishment for their crimes. I argue that neither von Hirsch and Ashworth’s account nor Chau’s critique of it is persuasive. I then take up (...) the challenge of showing why social deprivation renders punishment problematic. I contend that it establishes a perverse incentive structure that is persistent and powerful, requiring the disadvantaged to exercise self-control on an ongoing basis. Repeated acts of self-control are difficult, especially for youths whose skills at it are not yet fully developed. Also, in a variety of more and less subtle ways, social deprivation reduces the incentives for self-control and may work to stunt its development. In closing, I briefly consider the options for responding to the crimes of the chronically disadvantaged. (shrink)

I defend mereological nihilism, the view that there are no composite objects, against a challenge from ontological emergence, the view that some things have properties that are ‘something over and above’ the properties of their parts. As the nihilist does not believe in composite wholes, there is nothing in the nihilist's ontology to instantiate emergent properties – or so the challenge goes. However, I argue that some simples can collectively instantiate an emergent property, so the nihilist's ontology can in fact (...) accommodate emergent properties. Furthermore, I show that employing plural instantiation does not bloat the nihilist's ontology or ideology. (shrink)

The coding function of semiotic-systems in literature is explored as an example of Umberto Eco’s real and fictional protocols in the play of discourse formation (lector in fabula). The intricate phenomenological levels of intersemiotic translation (apposition, opposition, chiasm, zeugma) are illustrated by analyzing a rhetorical passage (semiotic object) from Charles Dickens’ novel Bleak House. The passage on the logic of series (“lists”) allows us to explore fact/fiction, real/imaginary, normal/abnormal, sane/insane, neurotic/psychotic choices as discourse voice protocols (active, middle, passive) for the (...) axiological interpretation (ethic, moral, aesthetic, politic, and rhetoric) of meaning formation (tropes) and signification function (figures). Models of discourse are drawn from Benveniste, Foucault, Greimas, Lévi-Strauss, and Wilden. (shrink)