This study addresses how moral judgment development, authenticity, and nonprejudice account for variance in scores pertaining to various motivational functions underlying volunteerism in order to clarify certain problems associated with previous research that has considered such relationships. In the study, 127 participants completed measurements that pertain to these constructs. Correlations revealed that moral judgment had a negligible relationship with both authenticity and nonprejudice, thereby affirming that the former construct is distinct from the latter two. Linear regression analyses supported that moral (...) judgment development and nonprejudice provided the strongest contributions to the variance of the considered indices of volunteer motivation. The motivational function underlying volunteerism was also recognized as an important factor that pertains to the observed contributions of variance. Findings are discussed in concert with and compared to prior considerations of relationships between moral judgment development and considerations of the moral self. Implications where moral education is concerned are also considered. (shrink)

Many normative political theorists have engaged in the systematic collection and/or analysis of empirical data to inform the development of their arguments over the past several decades. Yet, the approach they employ has typically not been treated as a distinctive mode of theorizing. It has been mostly overlooked in surveys of normative political theory methods and methodologies, as well as by those critics who assert that political theory is too abstracted from actual political contestation. Our aim is to unearth this (...) grounded normative theory (GNT) approach – to identify its definitive practices and highlight its potential significance. We detail four overlapping commitments characteristic of GNT. These include commitments to expanding the comprehensiveness of input for normative arguments through original empirical research and/or analysis, recursivity in the development of normative claims, attentiveness to the systematic inclusion of a range of voices and ways of knowing, and accountability to those engaged by the theorist in empirical contexts. We discuss methodological distinctions within GNT, including between more- and less-solidaristic approaches. We discuss how GNT answers calls for theorists to engage more closely with empirical political dynamics and we consider responses to possible critiques. (shrink)

Intent and mitigating circumstances play a central role in moral and legal assessments in large-scale industrialized societies. Al- though these features of moral assessment are widely assumed to be universal, to date, they have only been studied in a narrow range of societies. We show that there is substantial cross-cultural variation among eight traditional small-scale societies (ranging from hunter-gatherer to pastoralist to horticulturalist) and two Western societies (one urban, one rural) in the extent to which intent and mitigating circumstances influence (...) moral judgments. Although participants in all societies took such factors into account to some degree, they did so to very different extents, varying in both the types of considerations taken into account and the types of violations to which such considerations were applied. The particular patterns of assessment characteristic of large-scale industrialized societies may thus reflect relatively recently culturally evolved norms rather than inherent features of human moral judgment. (shrink)

Motivated by the ongoing controversy surrounding corporate tax, this article presents a study that explores stakeholder expectations of corporate tax in the context of UK business. We conduct a qualitative analysis of in-depth interviews with representatives of community groups, as well as interviews with those representing business groups. We then identify eight themes that together describe “what” companies need to do, “how” they need to do it, and “why” they need to do it, if they wish to appeal to a (...) wide group of interested parties. We discuss our findings based on the corporate social responsibility literature and propose novel ways for community groups and business groups to connect on the topic of corporate tax, suggesting opportunities and themes for dialogue and potential steps to co-create solutions in a stakeholder society. (shrink)

Decades of research conducted in Western, Educated, Industrialized, Rich, & Democratic (WEIRD) societies have led many scholars to conclude that the use of mental states in moral judgment is a human cognitive universal, perhaps an adaptive strategy for selecting optimal social partners from a large pool of candidates. However, recent work from a more diverse array of societies suggests there may be important variation in how much people rely on mental states, with people in some societies judging accidental harms just (...) as harshly as intentional ones. To explain this variation, we develop and test a novel cultural evolutionary theory proposing that the intensity of kin-based institutions will favor less attention to mental states when judging moral violations. First, to better illuminate the historical distribution of the use of intentions in moral judgment, we code and analyze anthropological observations from the Human Area Relations Files. This analysis shows that notions of strict liability—wherein the role for mental states is reduced—were common across diverse societies around the globe. Then, by expanding an existing vignette-based experimental dataset containing observations from 321 people in a diverse sample of 10 societies, we show that the intensity of a society's kin-based institutions can explain a substantial portion of the population-level variation in people's reliance on intentions in three different kinds of moral judgments. Together, these lines of evidence suggest that people's use of mental states has coevolved culturally to fit their local kin-based institutions. We suggest that although reliance on mental states has likely been a feature of moral judgment in human communities over historical and evolutionary time, the relational fluidity and weak kin ties of today's WEIRD societies position these populations' psychology at the extreme end of the global and historical spectrum. (shrink)

This review of Free Market Revolution: How Ayn Rand’s Ideas Can End Big Government, by Yaron Brook and Don Watkins, lauds its virtues, while criticizing its tendencies toward a partial and one-sided understanding of the nature of the revolution it extols. In bracketing out a deeper analysis of the role of business in the creation of modern corporatist political economy and the debilitating effects of war and the national security state on markets at home and abroad, the authors ultimately fail (...) to provide the more robust defense of freedom that Rand’s project implies. (shrink)

A wide-ranging, collection focusing on the practical philosophy of Williams, with many chapters on politically relevant themes and many trying to assess the importance and influence of Williams. With contributions by Roman Altshuler, Mathieu Beirlaen, Thom Brooks, Jonathan Dancy, Jennifer Flynn, Lorenzo Greco, Chris D. Herrera, James Kellenberger, Colin Koopman, Stephen Leach, Esther Abin, Nancy Matchett, Jeff McMahan, Sarah Pawlett, Jonathan Sands-Wise, Robert Talisse, and Owen Ware.

This book is a series of essays by distinguished scholars concerned with the improvement of primary, secondary, and tertiary studies, most especially in arts but also in mathematics and science. It is concerned with past ideas about education in Australia, most particularly with the traditions that have yielded an education that has proven most beneficial to Australia in terms of comparison with other countries; and it advocates and emphasises how this tradition can be maintained and improved in specific ways. Essays (...) focus on primary and secondary education in music, and art, mathematics, history and the classics, on the improvement of memory and vocabulary, but more particularly on university education, discussing the purpose of education, learning in general, the use of the seminar, the necessity of freedom of debate, the inadequacies and contradictions of French and Anglo-post modernism, the teaching of history, of philosophy, and its branch aesthetics, mathematics, equality in education, teaching at university and funding of the whole enterprise. The authors are all well known in their disciplines and some are experts, internationally recognised in their fields. This book features essays by: David Daintree, Karl Schmude, Simon Haines, Kevin Donnelly, Matthew Lesh, Chris Berg & Bella d'Abrera, David Furse-Roberts, Greg Melleuish, Steven Schwartz, Blaise Joseph, James Franklin, Christopher Allen, Richard Gill, Jeremy Bell, Barry Spurr, David Brooks, Natalie Kennedy, Sarah Williams, Sarah Lawrence, Ivan Francis Head. (shrink)

Cultural history's recent treatments of Sieyès’ political theory have understood his political writings in their convergences with and divergences from Rousseau's political theory. By sketching a thoroughgoing analogy between the ecclesiological arguments in Malebranche's Entretiens sur la Métaphysique et sur la Religion (1688) and the arguments that Sieyès offers on the floor of the National Assembly concerning the nature of representation, I suggest that we should recontextualize Sieyès’ speeches vis-à-vis the broader discourse of the ‘general will,’ which was theological at (...) its root. That is, the arguments Sieyès offers for the sovereignty of the National Assembly, separately and in combination, appear to have been shaped by a malebranchiste ecclesiology that grew out of the particular context of the Jansenist challenge to the Church. This argument has ramifications not just for our understanding of Sieyès and revolutionary political theory but also for what have been called the “religious origins of the French Revolution.” ☆ I am grateful to Bill Sewell, Dale Van Kley, Michael Sonenscher, Chris Brooke, and Sam James, for their careful readings and insightful comments at various stages of this project. More generally, I am thankful for the thoughts of the participants of the Cambridge conference in Political Thought and Intellectual History (March 2010). Finally, I thank the anonymous reviewers of History of European Ideas for their comments. (shrink)

Artificial intelligence research has foundered on the issue of representation. When intelligence is approached in an incremental manner, with strict reliance on interfacing to the real world through perception and action, reliance on representation disappears. In this paper we outline our approach to incrementally building complete intelligent Creatures. The fundamental decomposition of the intelligent system is not into independent information processing units which must interface with each other via representations. Instead, the intelligent system is decomposed into independent and parallel activity (...) producers which all interface directly to the world through perception and action, rather than interface to each other particularly much. The notions of central and peripheral systems evaporateeverything is both central and peripheral. Based on these principles we have built a very successful series of mobile robots which operate without supervision as Creatures in standard office environments. (shrink)

"By combining recent advances in the physical sciences with some of the novel ideas, techniques, and data of modern biology, this book attempts to achieve a new and different kind of evolutionary synthesis. I found it to be challenging, fascinating, infuriating, and provocative, but certainly not dull."--James H, Brown, University of New Mexico "This book is unquestionably mandatory reading not only for every living biologist but for generations of biologists to come."--Jack P. Hailman, Animal Behaviour , review of the first (...) edition "An important contribution to modern evolutionary thinking. It fortifies the place of Evolutionary Theory among the other well-established natural laws."--R.Gessink, TAXON. (shrink)

The impact of neoliberal reforms of education systems on the work of teachers and school leaders, particularly in relation to high-stakes accountability frameworks, has been extensively studied in recent decades. One significant aspect of neoliberal schooling is the emergence of quasi-autonomous public schools (such as Academies in England, Charter Schools in the USA and Independent Public Schools in Australia), characterised by heterarchical governance models, the promotion of entrepreneurial leadership cultures, and the promotion of a discourse of pursuing educational equity by (...) means of ‘achievement for all’. This paper explores the emergence of a mode of teacher professionalism characteristic of these quasi-autonomous schools, and conceptualises this as being ‘neo-performative’. The neo-performative profession is shaped by the shift in the focus of the regulation and management of schools from ‘governing to governance’, and the consequential rise of the ‘responsibilised profession’, and marked by the emergence of an entrepreneurial model of school leadership. The paper argues that this new conceptualisation of teacher professionalism requires further, more focused, empirical study in order to explore how neoperformative teachers and school leaders articulate their vision of educational equity and social justice, and how they enact this vision in an increasingly intensified high-stakes accountability culture. (shrink)

In order to build autonomous robots that can carry out useful work in unstructured environments new approaches have been developed to building intelligent systems. The relationship to traditional academic robotics and traditional artificial intelligence is examined. In the new approaches a tight coupling of sensing to action produces architectures for intelligence that are networks of simple computational elements which are quite broad, but not very deep. Recent work within this approach has demonstrated the use of representations, expectations, plans, goals, and (...) learning, but without resorting to the traditional uses, of central, abstractly manipulable or symbolic representations. Perception within these systems is often an active process, and the dynamics of the interactions with the world are extremely important. The question of how to evaluate and compare the new to traditional work still provokes vigorous discussion. (shrink)

Ethical or ‘socially sustainable’ sourcing mechanisms mandating labour standards among the suppliers and subcontractors that organisations source goods and services from are becoming more common. The issue of how labour activist groups such as trade unions can encourage organisations to adopt and strengthen these mechanisms within domestic production networks is largely unexplored. Using three cases of domestic sustainable sourcing campaigns developed by unions in Britain, the strategies used by labour activists, the characteristics of the organisations targeted and the motivations of (...) lead firms for improving sourcing practices are analysed. The article makes a significant contribution by demonstrating that organisational susceptibility to reputational risk is a key factor influencing the capacity of activist groups to convince and compel their targets to improve sourcing practices. It argues that different types of organisations are susceptible to reputational damage in different ways, that risk events provide opportunities for unions to strengthen their leverage against target organisations, and that the multidimensional nature of corporate reputation needs to be better considered for understanding how campaigns are framed and executed. (shrink)

Most animals have significant behavioral expertise built in without having to explicitly learn it all from scratch. This expertise is a product of evolution of the organism; it can be viewed as a very long term form of learning which provides a structured system within which individuals might learn more specialized skills or abilities. This paper suggests one possible mechanism for analagous robot evolution by describing a carefully designed series of networks, each one being a strict augmentation of the previous (...) one, which control a six legged walking machine capable of walking over rough terrain and following a person passively sensed in the infrared spectrum. As the completely decentralized networks are augmented. the robot’s performance and behavior repetoire demonstrably improve. The rationale for such demonstrations is that they may provide a hint as to the requirements for automatically building massive networks to carry out complex sensory-motor tasks. The experiments with an actual robot ensure that an essence of reality is maintained and that no critical disabling problems have been ignored. (shrink)

Punishment is a topic of increasing importance for citizens and policy makers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment offering a new and refreshing approach that will benefit readers of all backgrounds and interests. This is the first critical guide to examine all leading contemporary theories of punishment, (...) including the communicative theory of punishment, restorative justice, and the unified theory of punishment. There are also several case studies examined in detail including capital punishment, juvenile offending, and domestic abuse. -/- Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and groundbreaking. -/- Introduction; Retributivism; Deterrence; Rehabilitation; Restorative Justice; Rawls, Hart, and "mixed" theories; Expressivism; The Unified Theory; Capital Punishment; Juvenile Offending; Domestic Abuse; Sexual Crimes; Conclusion; Index. (shrink)

The majority of North American corporations awakened to the need for their own ethical guidelines during the late 1970s and early 1980s, even though modern corporations are subject to a surprising multiplicity of external codes of ethics or conduct. This paper provides an understanding of both internal and external codes through a discussion of the factors behind the development of the codes, an analysis of internal codes and an identification of problems with them.

The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...) unified theories) with an additional section on capital punishment, perhaps the particular form of punishment that has received the most sustained philosophical attention. These theories of punishment address two important questions: first, who should be permitted to punish and, secondly, who should be permitted to be punished. These questions then concern the justification of punishment and its distribution. While the majority today often identifies their theories as retributivist, there is a great diversity of theories defended. This entry will highlight the leading work for each view. (shrink)

Both direct, and evolved, behavior-based approaches to mobile robots have yielded a number of interesting demonstrations of robots that navigate, map, plan and operate in the real world. The work can best be described as attempts to emulate insect level locomotion and navigation, with very little work on behavior-based non-trivial manipulation of the world. There have been some behavior-based attempts at exploring social interactions, but these too have been modeled after the sorts of social interactions we see in insects. But (...) thinking how to scale from all this insect level work to full human level intelligence and social interactions leads to a synthesis that is very di erent from that imagined in traditional Arti cial Intelligence and Cognitive Science. We report on work towards that goal. (shrink)

Artificial Intelligence as a discipline has gotten bogged down in subproblems of intelligence. These subproblems are the result of applying reductionist methods to the goal of creating a complete artificial thinking mind. In Brooks (1987) 1 have argued that these methods will lead us to solving irrelevant problems; interesting as intellectual puzzles, but useless in the long run for creating an artificial being.

Ancient writers tell conflicting stories of the last hours of Agrippina, the mother of Nero. Modern commentators have been equally at variance in their attempts to harmonize them. A consideration, however, of all the evidence makes a reasonable account of the tragedy seem even yet possible. Naturally, most confidence has been put in the more circumstantial narrative of Tacitus.

A comparative study of the philosophies Socrates and of traditional Mahayana Buddhist doctrines finding similarities in epistemology, but differences on its application.

Captured in narrative textual form through open-ended and tape-recorded interview conversations, visitor experience was interpreted to construct a description of visitors' relationships to place while at the same time providing insights for those who manage the national park. Humans are conceived of as meaning-makers, and outdoor recreation is viewed as emergent experience that can enrich peoples' lives rather than a predictable outcome of processing information encountered in the setting. This process-oriented approach positions subjective well-being and positive experience in the ongoing (...) processes and activities that comprise our life pursuits rather than in particular end states toward which behaviors might be directed as in the case of end state frameworks. Several themes emerged in the interpretation across narratives including a relationship of stewardship/sense of respectful mitigation, socially constructed dimensions of the wilderness concept, which both converged with and deviated from definitions in The Wilderness Act of 1964, humans positioned as both part of wilderness and separate from it, description of a process whereby people form a relationship to protected places, and an awareness among visitors of the overarching management dilemma of how to balance human visitation with protection. Management insights and general implications that emerged from the overall interpretation such as using narrative illustration to enhance visitor education were summarized. It is suggested that the particularities of the setting, in conjunction with the process-oriented creation of meaning via varying levels of physical and social interaction with the setting each play important roles, perhaps at different times, for visitors' relationships to places within the Park. The process of forming long-term relationships to places is highlighted as the common thread running through the interpretation. The value of the national park is seen to lie in these relationships, which are time and context dependent, not necessarily in the attributes of the park, many of which are generic to other protected areas in North America. The dissertation concluded with an evaluation of this interpretation based on these implications and insights and provided direction for further research to learn about the processes involved with forming relationships to protected places. (shrink)

Polygamy is a hotly contested practice and open to widespread misunderstandings. This practice is defined as a relationship between either one husband and multiple wives or one wife and multiple husbands. Today, “polygamy” almost exclusively takes the form of one husband with multiple wives. In this article, my focus will center on limited defenses of polygamy offered recently by Chesire Calhoun and Martha Nussbaum. I will argue that these defenses are unconvincing. The problem with polygamy is primarily that it is (...) a structurally inegalitarian practice in both theory and fact. Polygamy should be opposed for this reason. (shrink)

A new edition of the first systematic reading of Hegel's political philosophy Elements of the Philosophy of Right is widely acknowledged to be one of the most important works in the history of political philosophy. This is the first book on the subject to take Hegel's system of speculative philosophy seriously as an important component of any robust understanding of this text. Key Features •Sets out the difference between 'systematic' and 'non-systematic' readings of Philosophy of Right •Outlines the unique structure (...) of Hegel's philosophical arguments •Explores key areas of Hegel's political philosophy: his theories of property, punishment, morality, law, monarchy, war, democracy and history This significantly expanded second edition includes: a more detailed explanation of Hegel's philosophical system, two new chapters on his theories of democracy and history and an appendix detailing the implications this work has for future interpretations of Hegel's philosophy. (shrink)

Virginia Held's recent How Terrorism Is Wrong offers us any number of important contributions to how we think about terrorist violence. My discussion will focus on only one of these contributions, namely, how terrorism may be justified. This justification rests upon a group being denied a voice. Thus, terrorism may become justified where this demand to be heard is denied, coupled with the corollary that all nonviolent options have been exhausted. I will argue that we should require a more narrow (...) justification of terrorism. This is because I believe Held's understanding may be open to abuses that we should close off. I will begin by looking at how she defines terrorism. I will next turn to how terrorism may be justified on her account before arguing that a more narrow justification is required and what this might look like. (shrink)

Children's comprehension of the universal quantifiers all and each was explored in a series of experiments using a picture selection task. The first experiment examined children's ability to restrict a quantifier to the noun phrase it modifies. The second and third experiments examined children's ability to associate collective, distributive, and exhaustive representations with sentences containing universal quantifiers. The collective representation corresponds to the "group" meaning (for All the flowers are in a vase all of the flowers are in the same (...) vase). The distributive representation implies a pairing (e.g., each flower paired with a vase for Each flower is in a vase). The exhaustive representation exhausts both sets (e.g., for The flowers are in the vases all the flowers are in vases and all the vases have flowers in them). Four- to 10-year-olds children had little difficulty restricting the quantifier all to the noun it modified in a task which required them to attend to the group feature of all. In contrast, only 9- and 10-year-olds were able to solve the task when the quantifier was each and the pictures showed entities in partial one-to-one correspondence. Children showed a preference for associating collective pictures with sentences containing all and distributive pictures with sentences containing each. The results suggest that between the ages of 5 and 10 years, children's semantic representations undergo less radical changes than others have proposed. Instead, developmental change may occur gradually as children acquire linguistic cues which map onto existing semantic representations. (shrink)

Exploring the use of nudges and informed consent in medical ethics.

In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, I discuss (...) the use of general verdicts and reject their replacement in criminal trials by special verdicts. Second, I examine verdicts based upon mistakes and racial prejudice, turning my attention to perverse verdicts and the question of whether or not juries are guilty of legislating when nullifying the law. Finally, I look at the problem of the awarding of excessive damages by juries. My goal will be to provide a sound theoretical defence of the practice of jury nullification. (shrink)

How should we determine which nations have a responsibility to remedy suffering elsewhere? The problem is pressing because, following David Miller, ‘[it] is morally intolerable if (remediable) suffering and deprivation are allowed to continue . . . where they exist we are morally bound to hold somebody (some person or collective agent) responsible for relieving them’. Miller offers a connection theory of remedial responsibilities in response to this problem, a theory he has been developing over the last decade. This theory (...) is meant to serve as a guide on how we can best determine which nations are remedially responsible for alleviating suffering and deprivation elsewhere. Miller’s theory entails our following a procedure in order to determine remedial responsibility for nations. The problem is that there is an important flaw in this procedure, a flaw that previous critiques have overlooked. This essay will explain this flaw and how Miller’s theory might be reformulated into a two-tiered procedure that would take better account of this problem. Keywords: Global justice; nationalism; Miller; identity; distributive justice; severe poverty (Published: 16 September 2011) Citation: Ethics & Global Politics, Vol. 4 , No. 3, 2011, pp. 195-202. DOI: 10.3402/egp.v4i3.7140. (shrink)

This article argues that even if we grant that murderers may deserve death in principle, retributivists should still oppose capital punishment. The reason? Our inability to know with certainty whether or not individuals possess the necessary level of desert. In large part due to advances in science, we can only be sure that no matter how well the trial is administered or how many appeals are allowed or how many years we let elapse, we will continue to execute innocent persons (...) for as long as we legalize capital punishment. Thus, on grounds of desert, this article argues that retributivists should oppose capital punishment. (shrink)

The future of philosophy is moving towards “global philosophy.” The idea of global philosophy is the view that different philosophical approaches may engage more substantially with each other to solve philosophical problems. Most solutions attempt to use only those available resources located within one philosophical tradition. A more promising approach might be to expand the range of available resources to better assist our ability to offer more compelling solutions. This search for new horizons in order to improve our clarity about (...) philosophical issues is at the heart of global philosophy. The idea of global philosophy encourages us to look beyond our traditions to improve our philosophical problem-solving by our own lights. Global philosophy is a new approach whose time is coming. This essay offers the first account of this approach and an assessment of its future promise. (shrink)

This study asserts that a philosophical affinity exists between Socrates and Ulrich, the «man without qualities» of Musil's novel. Both figures are characterized by their negativity and their opposition to institutionalized values, and both are considered dangerous to the state. In exploring this relationship, conceptual parallels emerge in both Kierkegaard's and Nietzsche's depictions of the Socratic character. These parallels help to define Ulrich's function in Der Mann ohne Eigenschaften, particularly in relation to Musil's understanding of truth and moral value in (...) the world. (shrink)

This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly (...) and, therefore, economically less efficient than competing modes of trial. I do not argue that all human beings possess an inalienable legal right to be tried by a jury. However, it is my hope that this analysis will make clear what we might gain or lose when we propose jury reforms. (shrink)

Journal of Political Philosophy, EarlyView.

The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. On the contrary, I will argue there are very different senses in which Kant discusses punishment. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. When these standpoints are taken into consideration, Kant's theory of punishment is more coherent and unified than previously thought. This reading uncovers a new problem in Kant's theory of punishment. By assuming a potential (...) offender's intentional disposition as Kant does without knowing it for certain, we further exacerbate the opportunity for misdiagnosis. (shrink)

Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: [retributivism] justifies punishment in terms not of its contingently beneficial effects but of (...) its intrinsic justice as a response to crime; the justificatory relationship holds between present punishment and past crime, not between present punishment and future effects. Punishment is given only to persons responsible for committing crime. In addition, the degree of punishment is set in proportion to the relative badness of the precipitating crime. Thus, retributivism can be understood as an individualistic theory because the only relevant factors pertain solely to the individual criminal himself. The general attraction of Hegel's version of retributivism is that the punishments his theory is thought to endorse are commensurable in value with precipitating crimes, in contrast to the strict equivalence required by Kant's theory of punishment. As a result, Hegel's theory is praised both for being more acceptable to modern readers than Kant's so-called ‘pure retributivism’, as well as for being an ‘emphatically anti-utilitarian’ theory. Despite widespread agreement on these general features, it is hotly contested how exactly we are to understand the way in which punishment cancels crimes, and Hegel's difficult style has only served to make the controversy deeper. For example, Ted Honderich says: ‘A punishment is an annulment, a cancellation or a return to a previous state of affairs … All this, of course, is obscure. It is by Hegel’. (shrink)

Jean-Jacques Rousseau stands as one of the most influential figures in the history of philosophy. His masterpiece-The Social Contract-has had a profound effect on legal and political theorists ever since its appearance. Rousseau and Law presents for the first time in one collection the most important contemporary work exploring his many contributions to legal theory. These essays deal with a variety of issues, such as social contract theories, democratic rights, fundamental law, natural law and natural rights, affinities between Rousseau and (...) Dworkin's legal theories, narrative, bioethics, and promise enforcement. (shrink)

Integrating concepts of maintenance and of origins is essential to explaining biological diversity. The unified theory of evolution attempts to find a common theme linking production rules inherent in biological systems, explaining the origin of biological order as a manifestation of the flow of energy and the flow of information on various spatial and temporal scales, with the recognition that natural selection is an evolutionarily relevant process. Biological systems persist in space and time by transfor ming energy from one state (...) to another in a manner that generates structures which allows the system to continue to persist. Two classes of energetic transformations allow this; heat-generating transformations, resulting in a net loss of energy from the system, and conservative transformations, changing unusable energy into states that can be stored and used subsequently. All conservative transformations in biological systems are coupled with heat-generating transformations; hence, inherent biological production, or genealogical proesses, is positively entropic. There is a self-organizing phenomenology common to genealogical phenomena, which imparts an arrow of time to biological systems. Natural selection, which by itself is time-reversible, contributes to the organization of the self-organized genealogical trajectories. The interplay of genealogical (diversity-promoting) and selective (diversity-limiting) processes produces biological order to which the primary contribution is genealogical history. Dynamic changes occuring on times scales shorter than speciation rates are microevolutionary; those occuring on time scales longer than speciation rates are macroevolutionary. Macroevolutionary processes are neither redicible to, nor autonomous from, microevolutionary processes. (shrink)