Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break because on average they have different capacities relevant to responsibility than adults. Professor Yaffe instead argues that kid should be given a break because juveniles have little say about the criminal law, primarily because they do not have a vote. For Professor (...) Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about juveniles, which is the central focus of this essay review. After addressing a few preliminary issues, the essay discusses Professor Yaffe’s negative argument against the validity of the behavioral difference rationale for giving juveniles a break. If the negative case fails, which the essay argues it does, then the only issue is whether the book’s alternative is desirable. Again, the essay argues that it is not, and concludes by offering three positive arguments for the traditional rationale: coherence and simplicity; a benignly definitional argument that survives the negative argument and supports giving juveniles a break in the exceedingly unlikely event that the empirical assumptions of the traditional rationale are proven incorrect; and a proposal for individualization of the culpability assessments of juveniles so that the criminal justice system blames and punishes them proportionately to their culpability. (shrink)

This chapter addresses the many topics concerning the mind that Michael Moore has written about for many decades, including the metaphysics of mind and action, the act requirement in criminal law, the basis for the excuse of legal insanity, a volitional or control excuse, and the relation of the new neuroscience to law. Rather than primarily responding to Moore’s influential work, the chapter largely considers issues that are complementary to Moore’s work. The chapter does question whether metaphysical issues must be (...) resolved to engage in constructive legal analysis, but concludes generally that Moore is right about most topics he covers. There is room for constructive disagreement, however, and the chapter notes the areas in which this is fruitful. (shrink)

This article addresses the question of the relevance of brain imaging to legal criteria that are behavioral, that is, that require evaluation of a defendant's actions or mental states. It begins with the legal standard for the admissibility of scientific and technical evidence. Then it considers the relevance of imaging to behavioral legal criteria. The problem is translating mechanistic neuroscience data into the law's folk psychological standards. It uses examples from the criminal law, but the analysis generalizes to behavioral criteria (...) in the civil law. The central question is, “How, precisely, does the proffered scan or data based on scanning answer the specific legal question it supposedly helps answer?” I conclude that, at present, brain imaging has little relevance to behavioral legal criteria. The final section takes note of a rampant disorder, brain overclaim syndrome, and offers a remedy, cognitive jurotherapy. (shrink)

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction to Substantive Criminal Law explores the doctrines, issues and controversies in the substantive field of criminal law. Chapters cover important theoretical and doctrinal topics, including the justifications for state blame (...) and punishment, the foundations for criminalization, the prima facie case, affirmative defences of justification and excuse, and sentencing. Stephen J. Morse uses copious concrete examples drawn from cases, statutes and extended case studies, including the intricate grading of homicide, to enliven the discussion. Key Features: - Concise and accessible format - Theoretical explication of doctrinal intricacies - Informative coverage and real world examples of criminal law - Discussion of the challenges and responsibilities surrounding legal concepts of the person. Providing a compact and succinct introduction to the rich scholarship of the field, this Advanced Introduction will be an ideal read for lawyers and law students interested in criminal law and justice. It will also be a valuable resource for law enforcement personnel and anyone looking to understand the role of criminal law as a means to achieve justice and social safety. (shrink)

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders and demonstrate that the law (...) leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime. (shrink)

This article demonstrates that there is no free will problem in forensic psychiatry by showing that free will or its lack is not a criterion for any legal doctrine and it is not an underlying general foundation for legal responsibility doctrines and practices. There is a genuine metaphysical free will problem, but the article explains why it is not relevant to forensic practice. Forensic practitioners are urged to avoid all usage of free will in their forensic thinking and work product (...) because it is irrelevant and spawns confusion. (shrink)

Despite considerable interest in viral evolution, at least among virologists, viruses are rarely considered from the same evolutionary vantage point as other organisms. Early work of necessity emphasized phenotype and phenotypic variation (and therefore arguably was more oriented towards the broader biological and ecological perspectives). More recent work (essentially since the development of molecular evolution in the 1960's but beginning earlier) has concentrated on genotypic variation, with less clarity about the significance of such variations. Other aspects of evolutionary theory, especially (...) considerations of natural selection and of evolutionary constraints, have not widely been applied to viruses, and an evolutionary framework for virology has long been lacking. This becomes apparent in considering 'emerging' viruses, which have often been treated on an ad hoc basis. It was often felt that, because previously unrecognized viruses are involved, mechanisms of viral emergence must mirror the unpredictability of mutations in the viral genome. However, most examples of viral emergence are independent of mutation, at least initially, and are often pre-existing viruses in changed circumstances ('viral traffic'). This conclusion also readily follows from ordinary Darwinian premises, which would require that, like other living species, 'new' organisms are descended only from existing species. In this respect, from a Darwinian perspective, viruses would appear to resemble other organisms. (shrink)

This article suggests that investigational deep brain stimulation (DBS) for mental disorders raises few new bioethical issues. Although the scientific basis of the procedure may be both complex and largely unknown, addressing informed consent in such situations is a familiar problem. After reviewing the legal and moral background for investigating DBS and the scientific difficulties DBS faces as a potential treatment for mental disorders, the article focuses on informed consent and makes two primary suggestions. The study of DBS may proceed, (...) but “hyper-disclosure” of the complexities should be required for competent subjects or proper surrogates if the candidate is not competent, and the most rigorous standard for competence should be employed. Throughout, neuromodesty and caution are urged. (shrink)

This chapter addresses the potential contributions of neuroscience to criminal justice decision-making and policy, with special emphasis on criminal responsibility. The central question is whether neuroscience is relevant to criminal justice. The general conclusion is that it is scarcely useful at present but may become more relevant as the science progresses. After explaining the meaning of criminal responsibility in use, the chapter speculates about the source of claims for the positive influence of neuroscience. The scientific status of behavioral neuroscience and (...) two radical challenges to responsibility neuroscience allegedly raises, determinism and the death of agency, are discussed next. Then, the specific relevance of neuroscience to criminal law and the use of neuroscience in criminal cases in the United States and abroad are addressed. The penultimate section points to some areas warranting modest optimism for the use of neuroscience in criminal justice. A brief conclusion follows. (shrink)

ABSTRACT The article begins by contrasting medical and moral views of addiction and how such views influence responsibility and policy analysis. It suggests that since addiction always involves action and action can always be morally evaluated, we must independently decide whether addicts do not meet responsibility criteria rather than begging the question and deciding by the label of ?disease? or ?moral weakness?. It then turns to the criteria for criminal responsibility and shows that the criteria for criminal responsibility, like the (...) criteria for addiction, are all folk psychological. Therefore, any scientific information about addiction must be ?translated? into the law's folk psychological criteria. Distractions about responsibility are then quickly canvassed. Then it addresses the direct relation between addiction and criminal responsibility. It argues that most addicts retain sufficient rational and control capacities at the relevant times to be held responsible, especially for crimes that are not part of the definition of addiction itself. It suggests that there is good reason to excuse or mitigate addicts for the crimes of purchase and possession for personal use. It concludes by briefly considering what contemporary science can contribute to our understanding of addiction and agency. (shrink)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the (...) face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

Stephen Morse seems to have adopted a controversial position regarding the mindbody relationship: John Searle’s non-reductivism, which claims that conscious mental states are causal yet not reducible to their underlying brain states. Searle’s position has been roundly criticized, with some arguing the theory taken as a whole is incoherent. In this paper I review these criticisms and add my own, concluding that Searle’s position is indeed contradictory, both internally and with regard to Morse's other views. Thus I (...) argue that Morse ought to abandon Searle’s non-reductive theory. Instead, I claim Morse ought to adopt a non-eliminative reductive account that can more easily support his realism about folk psychological states, and the existence of causally effective mental states in a purely physical world. (shrink)

This brief festschrift introduction does not attempt to review and characterize Michael Moore’s extraordinary and influential immense body of scholarship at the intersections of law, morality, and metaphysics. This is done most ably by Heidi Hurd in the following chapter. Here we simply describe each of the contributions to this volume as they relate to the body of Moore’s work, virtually every aspect of which is addressed by the various authors. The introduction concludes with personal last words by the editors (...) about their history with Moore and his influence on them and others. Concrete personal examples are given. The introduction concludes with a description of the genesis of the volume. (shrink)

Stephen Morse has long proclaimed there to be a “fundamental psycho-legal error” that is regularly made by legal and social/psychological/medical science academics alike. This is the error of thinking that causation of human choice by factors themselves outside the chooser’s control excuses that chooser from moral responsibility. In this paper, I examine Morse’s self-labelled “internalist” defense of his thesis that this is indeed an error, and finds such internalist defense incomplete; needed is the kind of externalist defense (...) of Morse’s thesis that can only be provided by a worked-out compatibilist moral philosophy. The body of the paper outlines the kinds of compatibilisms that are plausible, contrasting them with two less plausible attempts to salvage responsibility in the face of an advancing neuroscientific determinism. These two less plausible rescue attempts, libertarianism and fictionalism, each seek to salvage responsibility even while not disavowing the FPLE. (shrink)

Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprised of essays by leading scholars, this volume discusses and challenges the work of (...) Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, and Moore's views about the culpability of negligence, as well as the relationship between that view and proximate causation. Furthermore, the subject of defenses in criminal law is addressed, including self-defense, and also the intersection of psychiatry, psychology, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views. (shrink)

(No abstract is available for this citation).

In lieu of an abstract, here is a brief excerpt of the content:Vice, Disorder, Conduct, and CulpabilityStephen J. Morse (bio)Keywordsvice, conduct, culpability, mental disorderDr. John sadler’s interesting paper raises an important issue. It defines vice as criminal, wrongful or immoral behavior. He claims that the Diagnostic and Statistical Manual of Mental Disorders (DSM) “confounds the concepts of vice and mental illness” and that this confounding has “important implications... for the relationship between crime, criminality, wrongful conduct, and mental illness.” The (...) paper correctly notes that disorders for which vice is the primary criterion tend to be impoverished diagnostically and are probably less valid than non–vice-related disorders. Dr. Sadler wonders if the subjects of his case studies are “involved in sick behavior, immoral behavior, both, neither, or some other metaphysical kind altogether.” This is an excellent question that this comment will seek to clarify. It will also consider the moral and legal implications of the answer.The domain of immoral, wrongful, and criminal behavior is essentially action. Some moral and religious traditions evaluate the content of an agent’s thoughts, desires, and character, but the dominant view is that vice primarily describes action that is wrongful because it violates the rights of others or it is wrong in itself. The rules of morality and law create value, but their essential task is to guide the action of agents who must live together. Dr. Sadler does not explicitly recognize that the diagnostic criteria that are vice are all actions, and not simply abnormal perceptions, desires, thoughts, or moods. His three case studies of conduct disorder, factitious disorder, and paraphilia confirm this point. Even pedophilia, which can be diagnosed simply on the basis of urges or fantasies that cause marked distress or interpersonal difficulty, would not be considered a vice unless the agent acted on these sexual urges. Those individual actions that meet Dr. Sadler’s criteria for vice I will term “vice actions.”Actions, including vice actions, may be evaluated medically and morally. There is no logical or conceptual reason why the same action cannot be both a sign of mental disorder and wrongful and potentially blameworthy. Actions can be just mad, just bad, or mad and bad. Also, the same action may sometimes be a sign of disorder and sometimes not. No general argument suggesting the contrary is provided. Consequently, there is no confound between the concepts of vice and mental disorder unless vice actions fail to satisfy the generic criteria for being a sign of mental disorder. Dr. Sadler seems to implicitly recognize [End Page 47] this when he asks whether vice–mental disorder relationship criteria are impoverished because there is a lack of consensus about “the minimum requirements for an acceptable set of descriptive criteria for a mental disorder category,” or when he asks “where criminal syndromes... fit into a classification of mental disorders.”No consensual, generic definition of mental disorder exists, and deciding whether actions should be signs of mental disorder is particularly fraught because cultural context and values always play a role in the definition of mental disorder. The other potential signs and symptoms of mental disorder are virtually all phenomena that simply happen to people and are not products of agency. Actions are by definition the product of agency, however, and vice actions affect by definition the rights and interests of others. The latter is true whether or not the agent is “vicious.” Even if an agent who has done wrong is excused, the rights of the victim have been violated.Moral, political, and legal evaluation is largely beside the point for non-action signs and symptoms, but it is always on point for vice actions. This is the primary potential source of the confound between vice and disorder. To claim that a vice action is a sign of disorder because it is vice begs the question and is indeed a confound. Even the presence of a biological marker will not save this claim. All human action presumably has biological markers and one cannot say that a marker is of a disorder without first having an independent definition of disorder that the vice action satisfies.Until a robust theory of mental disorder is provided, we cannot determine whether a vice action is... (shrink)

Stephen Morse’s illuminating scholarship on law and neuroscience relies on a “folk psychological” account of human behavior in order to defend the law’s foundations for ascribing legal responsibility. The heart of Morse’s account is the notion of “mental state causation,” in which mental states cause behavior. Morse argues that causation of this sort is necessary to support legal responsibility. We challenge this claim. First, we discuss problems with the conception of mental causation on which Morse (...) appears to rely. Second, we present an alternative account to explain the link between mental states, reasons, and actions. We argue that the alternative account avoids the conceptual problems that arise for Morse’s conception of mental causation and that it also undergirds ascriptions of legal responsibility. If the alternative succeeds, then Morse’s conception of “mental state causation” is not necessary to support legal responsibility. (shrink)

Recent studies reveal some of the neurophysiological mechanisms involved in drug addiction. This prompts some theorists to claim that drug addiction diminishes responsibility. Stephen Morse however rejects this claim. Morse argues that these studies show that drug addiction involves neither compulsion, coercion, nor irrationality. He also adds that addicted people are responsible for becoming addicted and for failing to take measures to manage their addiction. After summarizing relevant neuroscience of addiction literature, this chapter engages critically with (...) class='Hi'>Morse to argue that a subgroup of addicted people does meet plausible criteria for compulsion, coercion, or irrationality; that few addicted people are fully responsible for becoming addicted; and that some addicted people can be at least partly excused for failing to manage their addiction. Pickard and Lacey’s “responsibility without blame” approach is also suggested as a fruitful basis for future work in this field. (shrink)

This is a reply to David Brink, Jeff Howard and Stephen Morse’s commentaries on my book, The Age of Culpability.

A Brief History of Time: From the Big Bang to Black Holes is a popular-science book on cosmology (the study of the origin and evolution of the universe) by British physicist Stephen Hawking. It was first published in 1988. Hawking wrote the book for readers who have no prior knowledge of the universe and people who are interested in learning.

Numerous species use different forms of communication in order to successfully interact in their respective environment. This article seeks to elucidate limitations of the classical conduit metaphor by investigating communication from the perspectives of biology and artificial neural networks. First, communication is a biological natural phenomenon, found to be fruitfully grounded in an organism’s embodied structures and memory system, where specific abilities are tied to procedural, semantic, and episodic long-term memory as well as to working memory. Second, the account explicates (...) differences between non-verbal and verbal communication and shows how artificial neural networks can communicate by means of ontologically non-committal modelling. This approach enables new perspectives of communication to emerge regarding both sender and receiver. It is further shown that communication features gradient properties that are plausibly divided into a reflexive and a reflective form, parallel to knowledge and reflection. (shrink)

This paper argues that intelligence can be approximated by the ability to produce accurate predictions. It is further argued that general intelligence can be approximated by context dependent predictive abilities combined with the ability to use working memory to abstract away contextual information. The flexibility associated with general intelligence can be understood as the ability to use selective attention to focus on specific aspects of sensory impressions to identify patterns, which can then be used to predict events in novel situations (...) and environments. The argumentation synthesizes Godfrey-Smith’s environmental complexity theory, adding the notion of niche broadness as well as changes concerning the view of cognition and control, and Hohwy’s predictive mind theory, making explicit the significance of accuracy as a composite of trueness and precision where the nervous system acts as a distributed controller motivating actions that keep the body in homeostasis. (shrink)

What are ethical judgments about? And what is their relation to practice? How can ethical judgment aspire to objectivity? The past two decades have witnessed a resurgence of interest in metaethics, placing questions such as these about the nature and status of ethical judgment at the very center of contemporary moral philosophy. Moral Discourse and Practice: Some Philosophical Approaches is a unique anthology which collects important recent work, much of which is not easily available elsewhere, on core metaethical issues. Reinvigorated (...) naturalist moral realism and the various versions of moral realism, as well as irrealist, expressivist, and neo-Kantian constructivist theories are all represented in this fine collection, constituting a rich array of approaches to contemporary moral philosophy's most fundamental debates. An extensive introduction by Darwall, Gibbard, and Railton is also included, making this volume the most comprehensive and up-to-date work of its kind. Moral Discourse is ideally suited for use in courses in contemporary ethics, ethical theory, and metaethics. (shrink)

Humans are an exceptionally cooperative species, but there is substantial variation in the extent of cooperation across societies. Understanding the sources of this variability may provide insights about the forces that sustain cooperation. We examined the ontogeny of prosocial behavior by studying 326 children 3–14 y of age and 120 adults from six societies (age distributions varied across societies). These six societies span a wide range of extant human variation in culture, geography, and subsistence strategies, including foragers, herders, horticulturalists, and (...) urban dwellers across the Americas, Oceania, and Africa. When delivering benefits to others was personally costly, rates of prosocial behavior dropped across all six societies as children approached middle childhood and then rates of prosociality diverged as children tracked toward the behavior of adults in their own societies. When prosocial acts did not require personal sacrifice, prosocial responses increased steadily as children matured with little variation in behavior across societies. Our results are consistent with theories emphasizing the importance of acquired cultural norms in shaping costly forms of cooperation and creating cross-cultural diversity. (shrink)

This article considers some political potentialities of the post-constructivist proposal for substituting truth with traceability. Traceability is a measure of truthfulness in which the rationality of a truth-claim is found in accounting for the work done to maintain links back to an internal referent through a chain of mediations. The substitution of traceability for truth is seen as necessary to move the entire political domain towards a greater responsiveness to the events of the natural-social world. In particular, it seeks to (...) disarm the strategy of ... (shrink)

Current legal practice holds that a diagnosis of psychopathy does not remove criminal responsibility. In contrast, many philosophers and legal experts are increasingly persuaded by evidence from experimental psychology and neuroscience indicating moral and cognitive deficits in psychopaths and have argued that they should be excused from moral responsibility. However, having opposite views concerning psychopaths’ moral responsibility, on the one hand, and criminal responsibility, on the other, seems unfortunate given the assumption that the law should, at least to some extent, (...) react to the same desert-based considerations as do ascriptions of moral responsibility. In response, Stephen Morse has argued that the law should indeed be reformed so as to excuse those with severe psychopathy from blame, but that psychopaths that have committed criminal offences should still be subject to some legal repercussions such as civil commitment. We argue that consequentialist and norm-expressivist considerations analogous to those that support punishing psychopaths or at least retaining some legal liability, might also be drawn on in favour of holding psychopaths morally accountable. (shrink)

A multi-media artist and noted musician explores the value of improvisation in art, work, and relationships, illustrating his insights with personal experiences and quotes from great thinkers, past and present.

The article claims that a person who deserves punishment deserves it because, and only because, she has performed a culpable wrongdoing . The article thus rejects the theory that the basis of deserved punishment is a bad moral character. The argument rejecting The Character Theory of Deserved Punishment is divided into two parts:1) that it is not necessarily the case that an intentional act reflects the agent's moral character, and2) that it is not necessarily the case that a culpable wrongdoing (...) reflects the agent's moral character. The article then proceeds to isolate instances of culpable wrongdoing and of bad moral character to see which of these factors accompanies the considered moral judgment that the agent deserves punishment. It concludes that our intuitions suggest deserved punishment and the amount of punishment someone deserves, correlate with culpable wrongdoing rather than with a person's bad moral character. Der Beitrag geht davon aus, daß eine Person dann und nur dann Strafe verdient, wenn sie eine rechtswidrige Tat schuldhaft begangen hat. Er wendet sich damit gegen die Auffassung, Basis für eine verdiente Strafe sei der schlechte Charakter der bestraften Person. Das Argument, das die letztere Lehre verwirft, zerfällt in zwei Teile. 1) Es ist nicht notwendigerweise so, daß eine Vorsatztat den schlechten Charakter des Handelnden, und 2) es ist nicht notwendigerweise so, daß schuldhaft begangenes Unrecht überhaupt den Charakter des Handelnden widerspiegelt. Anschließend untersucht der Beitrag Beispiele schuldhaftes Unrechttuns und Beispiele schlechten moralischen Charakters, um festzustellen, welcher dieser Faktoren das moralische Urteil, daß der Handelnde Strafe verdient, begleitet. Er kommt zu dem Ergebnis, daß unsere Intuitionen den Gedanken, jemand verdiene Strafe, und die Höhe der Strafe, die der Betreffende verdient, mit der Annahme einer schuldhaft begangenen rechtswidrigen Tat korrelieren und nicht mit der Annahme der Betreffende habe einen schlechten Charakter. (shrink)

The Hedgehog, the Fox, and the Magister's Pox is a controversial discourse, rich with facts and observations gathered by one of the most erudite minds of our ...

Essays by Thomasma and ten Have recommend hermeneutical clinical ethics. The use Thomasma makes of hermeneutics is not radical enough because it leaves out basic interpretation of clinical practice and focuses narrowly on ethical principles and rules. Ten Have, while failing to notice that the hyperreality of clinical ethics is a feature of all language, rightly distinguishes four characteristic parameters of a thoroughgoing interpretive clinical ethics: experience, attitudes and emotions, community, and ambiguity. Suggestions are made for implementing hermeneutical ethics in (...) clinical teaching. (shrink)

Silence often plays a significant role in Christian experience and practice. However, the varieties of silence and the effects of silence for good and. bad merit examination. It is important to distinguish between physical, auditory, and metaphorical silence, and bet- ween experiencing silence as "quiet" and experiencing silence as keeping quiet . Silence can be an instrumental good as well as an expressive good, a concomitant good, or a constitutive good. Christian monks, theologians, and other thinkers sometimes identify experiences of (...) silence, for example, as light or dark, as spatially vast or enclosed, and as temporal or atemporal. Practices of silence can bring persons closer to God, though a kenotic spirituality; of silence and a stress on solitude create perils for some members of religious orders, such as Carthusians. The chief aim of this article is to show, with philosophical techniques, how silence .can be good in manifold ways and even, perhaps, an ideal. (shrink)

This work presents a new and important paradigm modification in psychology that attempts to incorporate ideas from quantum and postmodern culture. Quantum psychology is a psychology of consciousness and experience and is reflective of the entire process of being. Thus it is a holistic, dynamic, and synergistic model, designed to augment the classical model. It involves non-linear as well as linear models of description, with non-linearity having an association with intuitive and irrational thought. Quantum psychology represents an emergent system of (...) understanding a consciousness that has been exposed to the complex and accelerating effects of a postmodern culture. (shrink)

Legitimate political authority is often said to involve a “right to rule,” which is most plausibly understood as a Hohfeldian moral power on the part of the state to impose obligations on its subjects (or otherwise to change their normative situation). Many writers have taken the state’s moral power (if and when it exists) to be a correlate, in some sense, of an obligation on the part of the state’s subjects to obey its directives. Thus legitimate political authority is said (...) to entail a general obligation to obey the law, and a general obligation to obey the law is said to entail legitimate political authority. With some version of this idea in mind, many writers attempt to establish full (or partial) legitimate political authority by first arguing for the intermediate conclusion that there exists a general (or partial) obligation to obey the law. This article argues that such a strategy is fundamentally mistaken, because while legitimate authority does indeed entail an obligation to obey the law, an obligation to obey the law does not, in and of itself, entail legitimate authority. This can be referred to as “the reverse entailment problem.” To avoid this problem, a theory of political authority must argue directly for the existence of the appropriate kind of moral power on the part of the state. This article argues for the “value-based” conception of a moral power, which states, very roughly, that one person holds a power over another if there is sufficient value in the former possessing the capacity intentionally to impose an obligation on the latter (or otherwise to change her normative situation). This seemingly simple understanding of a moral power gives rise to surprisingly strong adequacy conditions on what can count as an acceptable theory of legitimate political authority, and these conditions decisively rule out most of the standard theories in the literature. (shrink)

In a passage in A Theory of Justice, which has become increasingly influential in recent years, John Rawls (1971) noted an analogy between moral phi- losophy and grammar. Moral philosophy, or at least the first stage of moral philosophy, Rawls maintained, can be thought of as the attempt to describe our moral capacity – the capacity which underlies “the poten- tially infinite number and variety of [moral] judgments we are prepared..

this requirement for adaptations. Emergent characters are always potential adaptations. Not all selection processes produce adaptations, however. The key issue, in delineating a selection process, is the relationship between a character and fitness. The emergent character approach is more restrictive than alternative schemas that delineate selection..

This article clarifies what a neuroscience challenge to criminal justice must look like by sketching the basic structure of the argument, gradually filling out the details and illustrating the conditions that must be met for the challenge to work. In the process of doing so it explores influential work by Joshua Greene and Jonathan Cohen, and Stephen Morse respectively, arguing that the former should not be understood to present a version of the challenge, and that the latter's argument (...) against the challenge is unpersuasive. This analysis allows the article to flesh out the challenge, and demonstrate why it is currently non-completeable. However, the paper argues that contrary to what is often assumed the burden of proof falls on the defenders of criminal justice, and that they will find meeting it a monumental task. (shrink)

Objectivity is a key concept both in how we talk about science in everyday life and in the philosophy of science. This Element explores various ways in which recent philosophers of science have thought about the nature, value and achievability of objectivity. The first section explains the general trend in recent philosophy of science away from a notion of objectivity as a 'view from nowhere' to a focus on the relationship between objectivity and trust. Section 2 discusses the relationship between (...) objectivity and recent arguments attacking the viability or desirability of 'value free' science. Section 3 outlines Longino's influential 'social' account of objectivity, suggesting some worries about drawing too strong a link between epistemic and ethical virtues. Section 4 turns to the value of objectivity, exploring concerns that notions of objectivity are politically problematic, and cautiously advocating in response a view of objectivity in terms of invariance. (shrink)

The incorporation of neural-based technologies into psychiatry offers novel means to use neural data in patient assessment and clinical diagnosis. However, an over-optimistic technologisation of neuroscientifically-informed psychiatry risks the conflation of technological and psychological norms. Neurotechnologies promise fast, efficient, broad psychiatric insights not readily available through conventional observation of patients. Recording and processing brain signals provides information from ‘beneath the skull’ that can be interpreted as an account of neural processing and that can provide a basis to evaluate general behaviour (...) and functioning. But it ought not to be forgotten that the use of such technologies is part of a human practice of neuroscience informed psychiatry. This paper notes some challenges in the integration of neural technologies into psychiatry and suggests vigilance particularly in respect to normative challenges. In this way, psychiatry can avoid a drift toward reductive technological approaches, while nonetheless benefitting from promising advances in neuroscience and technology. (shrink)

Evan Selinger’s review nicely captures the main concerns of my collection of essays, The Politics of Expertise. He raises an important question that is touched on in several essays but not fully developed: the problem of getting expert knowledge possessed by academics into something like public discussion or the public domain. This is of course only a part of the problem of expertise and the larger problem of knowledge in society. But it can be approached in more detail than was (...) done in the book, in terms of the basic ideas of the book, and I will try to do that here. Much of what I will say deals with issues I have addressed in other places, so I will, rather tiresomely, cite myself, for those who wish more elaboration. (shrink)