Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most (...) fundamental and provocative questions of modern criminal law. (shrink)

A new therapeutic approach is being developed for the treatment of Alzheimer's disease (AD). This approach involves the deliberate induction of an autoimmune response to amyloid‐β (Aβ) peptide, the constituent of neuritic plaques that is thought to cause the neurodegeneration and dementia in AD. If this approach is to be effective, antibodies must be produced that can selectively target the toxic forms of Aβ, while leaving the functionally‐relevant forms of Aβ and its precursor protein untouched. Furthermore, an approach needs to (...) be found that avoids provoking an acute neuroinflammatory response. The situation is made even more challenging by uncertainty regarding which isoforms of Aβ contribute to the pathogenesis of AD. BioEssays 25:283–288, 2003. © 2003 Wiley Periodicals, Inc. (shrink)

Using a Rawlsian approach to analyze the ethical implications of data mining within three major codes of ethics used by American marketing firms, the author argues that marketers should re-conceptualize their business conduct, as defined in their individual codes of ethics, to incorporate a Rawlsian concern for society's least advantaged members. Rawls's concept of primary goods provides the framework for the argument that anonymity, a component of privacy, is vital for consumers whose autonomy is affected by data mining. A combination (...) of practical measures, ethical guidelines, and legislative protections are recommended for minimizing concerns about data mining, while still allowing for commercial advantages provided by the practice. (shrink)

Recent scholarship has argued that Simon Peter is not the author of 1 Peter, whilst maintaining that the addressees in 1:1 are the real recipients of the letter. We contend that both the stated author and the stated audience are part of the author’s deception. We propose instead that the author may have simply argued that this text was an older letter from Peter. This proposal is consistent with the widely‐held view that pseudepigraphical letters were not knowingly accepted in early (...) Christian circles, as well as the ancient tradition that Peter was believed to be the real author of the text and offers a simple solution as to how the letter escaped the scrutiny that came with pseudepigraphical works. If this thesis is followed, scholarship concerned with uncovering the socio‐economic status of the Christians in Asia Minor based on this text is therefore misguided. (shrink)

Psychological research into children’s sensitivity to testimony has primarily focused on their ability to judge the likely reliability of speakers. However, verbal testimony is only one means by which children learn from others. We review recent research exploring children’s early social referencing and imitation, as well as their sensitivity to speakers’ knowledge, beliefs, and biases, to argue that children treat information and informants with reasonable scepticism. As children’s understanding of mental states develops, they become ever more able to critically evaluate (...) whether to believe new information. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Remembering Lewis E. HahnGeorge C. H. Sun, President, John Howie, Professor Emeritus, Thomas Alexander, Professor and Director of Graduate Studies, Kenneth W. Stikkers, Professor and Chair, Randall Auxier, Professor, Robert Hahn, Professor, Joseph Wu, Professor Emeritus, Elizabeth R. Eames, Professor Emeritus, Martin Lu, Professor of Philosophy, George Kimball Plochmann, Professor Emeritus, Matt Sronkoski, Philosophy Graduate and Academic Adviser, Dave Clarke, Professor Emeritus, Eugenie Gatens-Robinson, Professor Emerita, Hans H. (...) Rudnick, Professor Emeritus, Stephen Bickham, Professor EmeritusPresident, and Don Mikula (bio)The following testimonials were offered on the occasion of a memorial gathering for Dr. Lewis E. Hahn held on February 19, 2005, and were compiled for presentation here by Sharon (Hahn) Crowell.A Tribute to Dr. Lewis E. Hahn (1908-2004) from a Global PerspectiveGeorge C. H. Sun President, Thomé H. Fang Institute, Inc., Mobile, AlabamaAmong the philosophical community in both the East and the West, no word of introduction is needed for our beloved Master, who was the recipient of numerous distinctions and honors, with titles that included "Man of the Year in Philosophy" and "Award of Lifetime Achievement." The very name "Lewis E. Hahn" itself already stands now for genuineness, dedication, and fulfillment.A great work is a dialogue with eternity; a great person is such a work. In less than thirty years he succeeded in developing Carbondale from what had been a small college town in the Midwest into the Mecca of American philosophy. His most important achievements were the Dewey Center and the Pepper Archives that he helped install at SIUC These, among other such institutions, will remain a unique contribution, a glory of American philosophy, and a monument in the history of human thought.For posterity Lewis E. Hahn will remain an object of wonder and amazement. How is it possible for one human being to have accomplished so much, so well, and in so short a span of time—less than one century—in breadth, depth, and diversity? Some one hundred years ago, by bridging the gap between the New World and the Old, William James was hailed as the great genius of international friendship among philosophical thinkers, but we now find a greater genius in Lewis E. Hahn, who succeeded in bringing together the peoples of East and West from at least four continents: Europe, Australia, America (both North and Latin America), and Asia. To my knowledge, few of his predecessors and contemporaries have been half so widely read and liberal-minded as he was, in view of the range and scope of the Library of Living Philosophers that he helped continue after the passing of its founder, Dr. Paul A. Schilpp.What type of man was Hahn, our younger generation will wonder? Only a pluralist approach can help us understand the true character of such a legendary pluralist-contextualist. In short, he was "a full personality." As I recall, while working on my dissertation with him in the 1970s, we had a brief discussion on Confucius, the sage of ancient China. "A full personality!" was his laconic assessment. Suddenly I realized, to quote the Analects: "The Master is talking about himself!" For, as the Buddhists put it, only a Buddha can understand a Buddha. Or, as William James put it, only one who has philosophy can appreciate philosophy. Many friends [End Page 1] of my generation admire him so much; Te Chen of Hong Kong calls him "a great Confucian in America." Those who regret the loss of many precious Confucian virtues in China today have now rediscovered them in the person of Lewis E. Hahn! If Nietzsche called Kant "a great Chinese in Königsberg," it is simply because he had not encountered our own Master.A paradigm of academic leadership, Dr. Hahn is simply irreplaceable—this is a tribute I personally heard in Carbondale in the late 1960s. It is not an exaggeration to say that he was a superb administrator, and he could have been the best Secretary of the State we ever had, for he possessed more in the way of philosophical wisdom than all his predecessors put together! As a great teacher, he was no less "serene, good, learned, wise, and ardent" than... (shrink)

The concept of expression in the arts is Janus-faced. On the one hand expression is an author-centered notion: many Romantic poets, painters, and musicians thought of themselves as pouring our or ex-pressing their own emotions in their artworks. And on the other hand, expression is an audience-centered notion, the communication of what is expressed by an author to members of an audience. Typically the word “expression” is used for the author-centered aspect of expression as a whole, and the word “expressiveness” (...) is used for the audience-centered aspect, and I shall keep to this usage. In this paper I shall argue that although expression is closely related to expressiveness, the two concepts are distinct and, in particular, expressiveness cannot be analyzed in terms of expression, as has been recently suggested by Stephen Davies and Jerrold Levinson. Nonetheless, the richest examples of expression in the arts involve both expression and expressiveness. (shrink)

This special issue of The New Bioethics follows on from a conference that took place at St Stephen's House, University of Oxford, in March 2022, on ‘Prenatal Testing, Disability, and the Ethical So...

Isabelle Stengers’ work on Whitehead is amongst the most important in Europe today. The contributors here—Isabella Palin, Stephen Meyers, DidierDebaise, and Andrew Goffey—offer a range of perspectives on Stengers’ effort to “think with” Whitehead. Stengers’ detailed response is included.

How can the philosopher use history of science to assess normative methodologies? This paper distinguishes the "intuitionist" meta-methodologies from the "rationability" meta-methodology. The rationability approach is defended by showing that it does not lead to anarchistic conclusions drawn by Feyerabend, Lakatos, and Kuhn; rather, these conclusions are the result of auxiliary assumptions about the nature of rational norms. By freeing the rationability meta-method from these assumptions, the specter of anarchism can be exorcised from it.

This volume brings together essays by leading philosophers of art who consider what can be learned from the meaning of art about society, morality, and life in general. This subject inevitably leads to discussion of other issues. Is art distinct from life? Is a concern with art's messages consistent with an appropriately aesthetic appreciation of its works? Is there anything distinctive about the manner in which art communicates its messages, or about the messages it conveys? The topic of art's social (...) and moral importance has always been a central one in aesthetics. However, whereas Plato and Schiller, for instance, viewed art as intimately implicated in a person's moral and social education, modernist theories have argued for art's autonomy and separation from worldly matters. The essays presented here provide a contemporary perspective on this long-standing debate and reveal the recent revitalization of humanist concerns in describing art and its significance. Contributors are Stephen Davies, Susan L. Feagin, T. J. Diffey, Jenefer Robinson, Gregory Currie, Peter Lamarque, Jerrold Levinson, David Novitz, Ismay Barwell, Göran Hermerén, and Richard Shusterman. (shrink)

Various potential strategic interactions between a “strong” Artificial intelligence and humans are analyzed using simple 2 × 2 order games, drawing on the New Periodic Table of those games developed by Robinson and Goforth. Strong risk aversion on the part of the human player leads to shutting down the AI research program, but alternative preference orderings by the human and the AI result in Nash equilibria with interesting properties. Some of the AI-Human games have multiple equilibria, and in other (...) cases Pareto-improvement over the Nash equilibrium could be attained if the AI’s behavior towards humans could be guaranteed to be benign. The preferences of a superintelligent AI cannot be known in advance, but speculation is possible as to its ranking of alternative states of the world, and how it might assimilate the accumulated wisdom of humanity. (shrink)

ABSTRACTWriting in 2007, in The Wordsworth Circle, Jeffrey Robinson remarked on the “ephemerality” of improvisational poetry, its fundamental resistance to being “preserved.” Printed poetry is typically regarded as “fixed” and static: what any poem represents as improvisation is, at best, only a record, executed in a fixed medium, of a performance whose infinite variability is inherent in the nature of improvisation itself. Partly an homage to Rene Magritte’s This is Not a Pipe and to Michel Foucault’s 1973 essay on (...) that painting, and using as a test case The Improvisatrice, the long poem by Letitia Elizabeth Landon, herself a devotee of interdisciplinary and multimedia performance, this essay considers the physical, structural, and methodological challenges and limitations posed to printed “word art” by works that purport to be, or aspire to the condition of, “improvisations.” The improvisatrice who is the poem’s narrator claims to be both a painter and a songstress, but her “speech,” ca... (shrink)

Into those things from which existing things have their coming into being, their passing away, too, takes place, according to what must be; for they make reparation to one another for their injustice according to the ordinance of time . . . . (Anaximander fragment; Simplicius Phys., 24, 18 [DK 12 B 1]; trans. Robinson, EGP, 34)[T]o remember and to bear witness to something that is constitutively forgotten, not only in each individual mind, but in the very thought of (...) the West. (Lyotard, “HJ,” 141)To bear witness to the differend. (Lyotard, DPD, xiii)[I]n witnessing, one also exterminates. (I, 204)Reality is composed of the différend. (shrink)

It is common to hear that deep ecology “has reached its logical conclusion and exhausted itself” in a vacuous anthropomorphism and absurd nonanthropocentrism. These conclusions should be rejected. Properly understood, neither objection poses a serious problem for deep ecology so much as for the ethic of “ecological holism” which some philosophers—wrongly—have taken to arise from deep ecology. Deep ecology is not such an ethic, but is best understood as an aesthetically articulated conception of what, following Robinson Jeffers, may be (...) called “Wild Mind,” and such a Wild Mind is characterized—not criticized and condemned—by just that anthropomorphism and nonanthropocentrism critics focus on when they attack the ethic of ecological holism. (shrink)

One of the first things striking readers of Criminal Law Conversations is its unusual methodology. The editors of this volume have put together 31 conversations around as many cutting edge and influential articles. This article considers critically some discussions representative of each of the book’s three parts: Principles, Doctrine, Administration and provide a glimpse of the richness and variety of Criminal Law Conversations.

In this paper, I suggest that, if we are committed to accepting a threshold approach to personhood, according to which all beings above the threshold are persons with equal moral status, there are strong reasons to also recognise a second threshold that would be reached through human pregnancy, and that would confer on pregnant women a temporary superior moral status. This proposal is not based on the moral status of the fetus, but on the moral status of the pregnant woman. (...) It is not only the fetus which is an organism sui generis: the pregnant woman, also, is a unique being. Following almost any view on the moral status of the fetus, the pregnant woman should be regarded, herself, as more than a singular individual. She is, herself, ‘more than one’. Pregnant women are also necessary for the continued survival of the human species, and there are important justice-based reasons to recognise the higher status. Furthermore, the recognition of a superior moral status for pregnant women does not imply that pregnancy should always be viewed as desirable, or imply any position on the permissibility of abortion. My proposal is not as radical as it might seem, as it does not require that pregnant women should always receive superior treatment, but only that they should to some extent. It could have a range of potential positive practical consequences. Finally, my approach does not threaten, but rather promotes, human equality. (shrink)

The purpose of this book is to clarify the concept of definition and improve defining activities.

This paper examines a doctrine which David Lewis has called 'Humean Supervenience' (hereafter 'HS'), and a problem which certain imaginary cases seem to generate for HS. They include rotating perfect spheres or discs, and flowing rivers, imagined as composed of matter which is perfectly homogeneous right down to the individual points. Before considering these examples, I shall introduce the doctrine they seem to challenge.

Following strict rules of interpretation, this book focuses on the ideas in Plato's early and middle dialogues that lie within the fields now called logic and methodology, specifically elenchus and dialectic and the method of hypothesis.

It is a standard feature of modern philosophy, at least from Locke, to tie together the questions of how we perceive the world and what we have reason to think the world is like in itself. This is a natural connection, because the questions of how we perceive it, and what kind of conception of it we can best form on the basis of that mode of perception, are obviously intimately linked. Part I of this volume defends the sense-datum theory (...) of perception against its opponents, and argues that the sense-datum theory is much closer to a form of direct realism than is normally thought: we directly perceive the world in the form that it naturally manifests itself to creatures like us. This leaves open the question of what it is like in itself, and Part II tries to show that a Berkeleian interpretation—that the world is a nomological structure in the mind of God—is the most plausible option. Arguments with roots in Berkeley, in modern philosophers such as John Foster, and in modern science, are drawn on to support this conclusion. (shrink)

Some health care organizations allow physicians to withhold cardiopulmonary resuscitation from a patient, despite patient or surrogate requests that it be provided, when they believe it will be more harmful than beneficial. Such cases usually involve patients with terminal diagnoses whose medical teams argue that aggressive treatments are medically inappropriate or likely to be harmful. Although there is state-to-state variability and a considerable judicial gray area about the conditions and mechanisms for refusals to perform CPR, medical teams typically follow a (...) set of clearly defined procedures for these decisions. The procedures are based on the principle of nonmaleficence and typically include consultation with hospital ethics committees, reflecting the guidelines of relevant professional associations. Ethical debates about when CPR can and should be limited tend to rely more on discussions of theory, principles, and case studies than systematic empirical study of the situations in which such limitations are applied. Sociologists of bioethics call for empirical study, arguing that what ethicists and health professionals believe they are doing when they draft policies or invoke principles does not always mirror what is happening on the ground. In this article, we begin the task of modeling the empirical analyses sociologists call for, focusing on a cohort at Massachusetts General Hospital. We inductively analyzed ethics committee notes and medical records of nineteen patients whose surrogates did not accept the decision to withhold CPR. (shrink)

Arguments for property dualism offer a strong challenge to materialist views, but even if they are regarded as successful, a large task remains, namely, to develop a positive account of the place of non-physical properties in the world -- one that holds some promise of eventual satisfaction regarding the hard problem. After noting some difficulties in current approaches to this task, this paper outlines one possible line of development for a dualistic view. Like all other suggestions for routes to progress (...) in this area, this one is speculative. However, the empirical findings that would support this line of development lie within current epistemic possibility. Moreover, the conceptual changes that would be required are intelligible from our present vantage point, and have parallels in views that are accepted in science and by non-dualist philosophers. (shrink)

:This essay advances a version of the flicker of freedom defense of the Principle of Alternative Possibilities and shows that it is invulnerable to the major objections facing other versions of this defense. Proponents of the flicker defense argue that Frankfurt-style cases fail to undermine PAP because agents in these cases continue to possess alternative possibilities. Critics of the flicker strategy contend that the alternatives that remain open to agents in these cases are unable to rebuff Frankfurt-style attack on the (...) grounds that they are insufficiently robust. Once we see that omissions are capable of constituting robust alternatives, even when they are not intentional, it becomes clear that agents in these cases do indeed possess robust alternative possibilities—alternatives that are ineliminable from cases of this sort. The upshot is that Frankfurt-style cases are theoretically incapable of providing us with good grounds for rejecting PAP. (shrink)

According to the most popular versions of the flicker defense, Frankfurt-style cases fail to undermine the Principle of Alternative Possibilities (PAP) because agents in these cases are (directly) morally responsible not for making the decisions they make but for making these decisions on their own, which is something they could have avoided doing. Frankfurt defenders have primarily focused on trying to show that the alternative possibility of refraining from making the relevant decisions on their own is not a robust alternative, (...) while generally granting that this alternative cannot easily be eliminated from successful cases of this sort. In a recent issue of this journal, Stockdale (2022) attempts to sidestep the debate concerning robustness and develops a novel kind of Frankfurt-style case in which agents are unable to avoid making the relevant decisions on their own. The fundamental problem with Stockdale’s argument is that it hinges on an implausible conception of acting on one’s own. I help clarify the pertinent sense of what it means to do a thing on one’s own in this context and show that these new cases are unable to overcome the targeted versions of the flicker defense of PAP. (shrink)

Physicalism has, over the past twenty years, become almost an orthodoxy, especially in the philosophy of mind. Many philosophers, however, feel uneasy about this development, and this volume is intended as a collective response to it. Together these papers, written by philosophers from Britain, the United States, and Australasia, show that physicalism faces enormous problems in every area in which it is discussed. The contributors not only investigate the well-known difficulties that physicalism has in accommodating sensory consciousness, but also bring (...) out its inadequacies in dealing with thought, intentionality, abstract objects, , and principles of both theoretical and practical reason; even its ability to cope with the physical world itself is called into question. Both strong "reductionist" versions and weaker "supervenience" theories are discussed and found to face different but equally formidable obstacles. Contributors include George Bealer, Peter Forrest, John Foster, Grant Gillett, Bob Hale, Michael Lockwood, George Myro, Nicholas Nathan, David Smith, Steven Wagner, Ralph Walker, and Richard Warner. (shrink)

This paper contributes to the underdeveloped field of experimental philosophy of science. We examine variability in the philosophical views of scientists. Using data from Toolbox Dialogue Initiative, we analyze scientists’ responses to prompts on philosophical issues (methodology, confirmation, values, reality, reductionism, and motivation for scientific research) to assess variance in the philosophical views of physical scientists, life scientists, and social and behavioral scientists. We find six prompts about which differences arose, with several more that look promising for future research. We (...) then evaluate the difference between the natural and social sciences and the challenge of interdisciplinary integration across scientific branches. (shrink)