Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, (...) and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)

Philosophy's traditional "man of reason"—independent, neutral, unemotional—is an illusion. That's because the "man of reason" ignores one very important thing—the woman. Representing Reason: Feminist Theory and Formal Logic collects new and old essays that shed light on the underexplored intersection of logic and feminism.

This paper considers an approach to teaching ethics in bioengineering based on the How People Learn (HPL) framework. Curricula based on this framework have been effective in mathematics and science instruction from the kindergarten to the college levels. This framework is well suited to teaching bioengineering ethics because it helps learners develop “adaptive expertise”. Adaptive expertise refers to the ability to use knowledge and experience in a domain to learn in unanticipated situations. It differs from routine expertise, which requires using (...) knowledge appropriately to solve routine problems. Adaptive expertise is an important educational objective for bioengineers because the regulations and knowledge base in the discipline are likely to change significantly over the course of their careers. This study compares the performance of undergraduate bioengineering students who learned about ethics for stem cell research using the HPL method of instruction to the performance of students who learned following a standard lecture sequence. Both groups learned the factual material equally well, but the HPL group was more prepared to act adaptively when presented with a novel situation. (shrink)

Etiquette and other merely formal normative standards like legality, honor, and rules of games are taken less seriously than they should be. While these standards are not intrinsically reason-providing in the way morality is often taken to be, they also play an important role in our practical lives: we collectively treat them as important for assessing the behavior of ourselves and others and as licensing particular forms of sanction for violations. This chapter develops a novel account of the normativity of (...) formal standards where the role they play in our practical lives explains a distinctive kind of reason to obey them. We have this kind of reason to be polite because etiquette is important to us. We also have this kind of reason to be moral because morality is important to us. This parallel suggests that the importance we assign to morality is insufficient to justify it being substantive. (shrink)

_24 and Philosophy_ is a book you just can't do without. It's all here, folks: the reason Presidents trust him; how Jack cuts through the lies and ambiguities; why he puts his life on the line for others; and how he knows which knee cap to blow out to get that all-important next lead. With the help of twenty "_24_ crazed" philosophers, you'll figure out what makes this guy tick, and much much more. A witty, but philosophical exploration of (...) the popular television series _24_, now in its sixth season Addresses pressing ethical issues relating to torture, terrorism and warfare Raises fascinating questions about knowledge, loyalty, and suspicion Explores in-depth the character and behaviour of Jack Bauer Written by philosophers who are all serious fans of the show. (shrink)

Non-heterosexual men have long existed on the social and cultural margins. Gay and bisexual male characters in literature, too, have done so for many generations. This essay explores the construction of gay masculinity in the short story “Brokeback Mountain” in relation to the “imaginative leap” that its author, Annie Proulx, undertook in order to conceptualize and represent this noteworthy form of marginalized otherness. It demonstrates that, despite the story’s various refreshing elements, “Brokeback Mountain” ultimately relies far too extensively on the (...) logic of melodrama when telling the tale of Ennis del Mar and Jack Twist, who fall in love in 1963 and continue their sexual relationship over the course of two decades. As a result, this story ends up positioning its two queer protagonists as enemies of the patriarchal social order and the larger society within which it so comfortably exists, implicitly perpetuating both heterosexism and homophobia as it does its cultural work. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

This paper proposes to examine Daniel Cohen’s recent attempt to apply virtues to argumentation theory, with special attention given to his explication of how open-mindedness can be regarded as an argumentational or critical virtue. It is argued that his analysis involves a contentious claim about open-mindedness as an epistemic virtue, which generates a tension for agents who are simultaneously both an arguer and a knower (or who strive to be both). I contend that this tension can be eased or resolved (...) by clarifying the nature of open-mindedness and by construing open-mindedness in terms of its function. Specifically, a willingness to take a novel viewpoint seriously is sufficient for making open-mindedness both an epistemic and a critical virtue. (shrink)

Upon the release of Brokeback Mountain, the conservative film critic, Michael Medved, in a television interview, predicted that a gay western – or maybe he called it a gay cowboy movie – would not attract an audience, presumably on grounds that the intersection of the audience for gay movies and the audience for westerns would yield, as the logicians say, the null set. Medved was proven wrong, as Brokeback, which cost $14 million to produce, went on to earn $83 million (...) on first release in the United States (plus $95 million abroad). But Medved was also wrong in his initial description. Although rodeos, horses, and cattle percolate through the film, Brokeback does not fit the classic American Western movie storyline. From the films of William S. Hart and Tom Mix down through Gary Cooper in The Virginian and High Noon, John Wayne in Stagecoach, Alan Ladd in Shane, and Clint Eastwood in The Unforgiven, the Western hero wears a cowboy hat, rides a horse, and carries a gun. His ultimate goal is to save the good folks from the bad guys, and he always succeeds. Brokeback, of course, is not like these films at all. Jack Twist and Ennis Del Mar are not engaged in the Westerner’s project of vanquishing evil. In fact, Ang Lee’s film more closely resembles the stories of such star-crossed lovers as Abelard and Heloise, Tristan and Isolde, and Romeo and Juliet. More interestingly, it fits a narrative pattern common in the nineteenth-century operas of Bellini, Donizetti, Verdi, and Wagner. In.. (shrink)

While most other works focus on conspiracy theories, this book examines conspiracy panics, or the anxiety over the phenomenon of conspiracy theories. Jack Z. Bratich argues that conspiracy theories are portals into the major social issues defining U.S. and global political culture. These issues include the rise of new technologies, the social function of journalism, U.S. race relations, citizenship and dissent, globalization, biowarfare and biomedicine, and the shifting positions within the Left. Using a Foucauldian governmentality analysis, Bratich maintains that (...) conspiracy panics contribute to a broader political rationality, a (neo)liberal strategy of governing at a distance through the use of reason. He also explores the growing popularity of 9/11 conspiracy research in terms of what he calls the "sphere of legitimate dissensus." Conspiracy Panics concludes that we are witnessing a new fusion of culture and rationality, one that is increasingly shared across the political spectrum. (shrink)

Drawing on the works of Ralph Waldo Emerson, Henry David Thoreau, Frederick Douglass, Ralph Ellison, and James Baldwin, Turner offers an original reconstruction of democratic individualism in American thought.

Emotions are understood sociologically as experiences of involvement. Emotion regulation influences the type, incidence, and expression of emotions. Regulation occurs through physical processes prior to an emotions episode, through social interaction in which a person’s emotions are modified due to the reactions of others to them, and by a person’s self-modification or management of emotions which they are consciously aware of. This article goes on to show that there are emotions which the emoting subject is not consciously aware of. Therefore, (...) a certain class of emotions function by foregrounding external objects of attention while remaining outside the emoting subject’s consciousness. The nature and significance of such backgrounded emotions beyond explicit emotion regulation are explored through consideration of their role in theory choice in science and in trust relations. (shrink)

In his article, Johannes Kneiss, argues convincingly that a generational ban of smoking need not necessarily disadvantage, or treat as moral unequals, future generations. While a ban need not be inegalitarian in these particular ways, we argue that this is insufficient to establish a ban to be appropriately relationally egalitarian. In what follows, we raise a couple of other issues that we would like to see addressed before we can be confident in such a law. First, it remains underexplored, whether (...) current generations would be disadvantaged or treated as moral unequals by a ban. Plausibly, being excluded from the ban could show insufficient concern for current generations. By not acting paternalistically towards them, current generations miss out on the health benefits afforded to the young, which might display a greater valuing of younger lives than older lives. Kneiss briefly considers this objection, but quickly dismisses it: “given that some existing smokers strongly wish to retain the option to smoke, […] a ban across the board cannot be said to advance their interests, as conceived by these smokers themselves”.1 However, in our view, this is too quick. Appealing to the smokers’ own conceptions of their interests to establish their interests presumes that the smokers know what is in their …. (shrink)

Does Henry Thoreau have a positive politics? Depending on how one conceives of politics, answers will vary. Hannah Arendt famously portrayed Thoreau's commitment to the sanctity of individual conscience as distinctly unpolitical. More recent commentators grant that Thoreau has a politics, but they characterize it as profoundly negative in character. This essay argues that Thoreau indeed sponsors a positive politics-a politics of performing conscience. The performance of conscience before an audience transforms the invocation of consciencefrom a personally political act into (...) a publicly political one. The aim of the performance is to provoke one's neighbors into a process of individual self-reform that will make them capable of properly vigilant democratic citizenship and conscientious political agitation. I establish this claim through a sustained reading of a relatively neglected text that deserves wider attention in political theory: Thoreau's 1859 lecture defending insurrectionary activities by radical abolitionist John Brown. (shrink)

The philosopher John J. McDermott comes out of the long American tradition that takes the aim of philosophical inquiry to be interpretation of the open meanings of experience, so that we might all live fuller and richer lives. Here, the authors of these nine essays explore his highly original interpretations of philosophy's various questions about our shared existence. How are we to understand the nature of American culture and to carry forward its important contributions? What is the personal importance of (...) embodiment, of living in the realization of death? How does our physical and personal environment nourish bodies and spirits? What does the deliberate pursuit of a morality offer us? How can we carry forward the fundamental tasks of education to enable those who follow us to use our shared past to address their civic and spiritual problems? What are the possibilities for community? Together, these essays offer a clear, multi-layered understanding of the compelling vision that McDermott has presented over the years. In an Afterword, McDermott responds to the authors' queries and concerns, offering a restatement of his understanding of the American philosopher's task. These essays indicate, and McDermott's response confirms, that for him philosophy is not a purely cerebral activity. Philosophy is, rather, an intellectual means of exploring the fullness of human experience, and it functions best when it operates in the context of the broad sweep of the humanities. Similarly, for McDermott the self is no given substantial entity. On the contrary, it is relational, rooted geographically and socially in its place and its fellows, and damaged when these life-giving processes fail. Further, McDermott does not accept any ultimate canopy of meaning. The human journey is a personal project within which provisional meanings must be created to sustain our advance. (shrink)

Capturing the lively modernist milieu of Kenneth Burke's early career in Greenwich Village, where Burke arrived in 1915 fresh from high school in Pittsburgh, this book discovers him as an intellectual apprentice conversing with "the moderns." Burke found himself in the midst of an avant-garde peopled by Malcolm Cowley, Marianne Moore, Jean Toomer, Katherine Anne Porter, William Carlos Williams, Allen Tate, Hart Crane, Alfred Stieglitz, and a host of other fascinating figures. Burke himself, who died in 1993 at the (...) age of 96, has been hailed as America's most brilliant and suggestive critic and the most significant theorist of rhetoric since Cicero. Many schools of thought have claimed him as their own, but Burke has defied classification and indeed has often been considered a solitary, eccentric genius immune to intellectual fashions. But Burke's formative work of the 1920s, when he first defined himself and his work in the context of the modernist conversation, has gone relatively unexamined. Here we see Burke living and working with the crowd of poets, painters, and dramatists affiliated with Others magazine, Stieglitz's "291" gallery, and Eugene O'Neill's Provincetown Players; the leftists associated with the magazines The Masses and Seven Arts; the Dadaists; and the modernist writers working on literary journals like The Dial, where Burke in his capacity as an associate editor saw T. S. Eliot's "The Wasteland" into print for the first time and provided other editorial services for Thomas Mann, e.e. cummings, Ezra Pound, and many other writers of note. Burke also met the iconoclasts of the older generation represented by Theodore Dreiser and H. L. Mencken, the New Humanists, and the literary nationalists who founded Contact and The New Republic. Jack Selzer shows how Burke's own early poems, fiction, and essays emerged from and contributed to the modernist conversation in Greenwich Village. He draws on a wonderfully rich array of letters between Burke and his modernist friends and on the memoirs of his associates to create a vibrant portrait of the young Burke's transformation from aesthete to social critic. (shrink)

Currently, in the United States, there is no legal obligation for medical professionals or civil courts to uphold patients’ Advance Directives (ADs) regarding end-of-life care. The applicability and standing of ADs prepared by Alzheimer’s patients is a persistent issue in bioethics. Those who argue against giving ADs full status take two main approaches: (1) appealing to beneficence on behalf of the Alzheimer’s patient and (2) claiming that there is no longer any personal equivalence between the AD’s creator and the subject (...) of the AD. In this paper, I present profound arguments against both approaches. Firstly, I argue that the principle of beneficence cannot apply in the case of Alzheimer’s patients, and, secondly, that the moral and legal authority of the AD need not depend on strict equivalence of personal identity. I conclude by arguing that valid ADs protect the dignity and autonomy of Alzheimer’s patients and that, therefore, there are moral obligations to uphold ADs which should be reflected in public policy and legislation. (shrink)

Two widespread assumptions concerning networks, including guanxi networks, are that they function in terms of trust relations and that their structure is dyadic. This article subjects both assumptions to critical assessment and proposes alternative formulations. When the distinctions between trust and trustworthiness and between trust and assurance are made, then broader understandings of guanxi relationships emerge. The article shows that the assurance mechanism of guanxi is public exposure of transgressions against network norms, leading to the transgressor’s loss of face (mianzi). (...) The necessity of third-party intervention of this type, typically but not exclusively through gossip, indicates the triadic rather than dyadic structure of guanxi relationships when sanction of reputation is included in the conceptualization of guanxi. Changes in guanxi during economic transition in China, from strong-to weaker-tie associations, require careful consideration of the changing nature of the mechanisms of face-loss. (shrink)

Limited aggregationists argue that when deciding between competing claims to aid we are sometimes required and sometimes forbidden from aggregating weaker claims to outweigh stronger claims. Joe Horton presents a ‘fatal dilemma’ for these views. Views that land on the First Horn of his dilemma suggest that a previously losing group strengthened by fewer and weaker claims can be more choice-worthy than the previously winning group strengthened by more and stronger claims. Views that land on the Second Horn suggest that (...) combining two losing groups together and two winning groups together can turn the losing groups into the winning groups and the winning groups into the losing groups. This paper demonstrates that the ‘fatal dilemma’ is neither fatal nor a dilemma. The First Horn is devastating but avoidable and the Second Horn is unavoidable but not devastating. Nevertheless, Horton’s argument does help to narrow down the acceptable range of views. (shrink)

In this paper I aim to develop a largely non-empirical case for the compatibility of phenomenology and naturalism. To do so, I will criticise what I take to be the standard construal of the relationship between transcendental phenomenology and naturalism, and defend a ‘minimal’ version of phenomenology that is compatible with liberal naturalism in the ontological register and with weak forms of methodological naturalism, the latter of which is understood as advocating ‘results continuity’, over the long haul, with the relevant (...) empirical sciences. Far from such a trajectory amounting to a Faustian pact in which phenomenology sacrifices its soul, I contend that insofar as phenomenologists care about reigning in the excesses of reductive versions of naturalism, the only viable way for this to be done is via the impure and hybrid account of phenomenology I outline here. (shrink)

Compiling empirical work from management and social science disciplines, the Research Companion to Ethical Behavior in Organizations provides an entry point for academic researchers and compliance officers interested in measuring the moral dimensions of individuals. Accessible to newcomers but geared toward academics, this detailed book catalogs the varied and nuanced constructs used in behavioral ethics, along with measures that assess those constructs. With its cross-disciplinary focus and expert commentary, a varied collection of learned scholars bring essential studies into one volume, (...) creating a resource that promises to enhance the burgeoning field of behavioral ethics"--Publisher's web site. (shrink)

This collection of ten original essays was first published in 1977. It engages the 'crisis in sociology' at the most fundamental level of thought and experience. Existential sociology is defined as the study and understanding of all forms of human existence. Without seeking to erect a pristine philosophical sanctuary of its own, Existential Sociology examines and criticizes the underlying philosophical assumptions of previous theories of social science, while elaborating its own approach to human understanding. The contributors are concerned with constructing (...) practical as well as theoretical truths about social life - how we feel, think and act. In contrast to most other sociologies, the emphasis is on the independence and dominance of human feelings over the evaluative and cognitive features of social actions. Students and teachers of sociology and people in related fields interested in the connection between social science and their own subjects will find Existential Sociology useful and absorbing. (shrink)

Ralph Ellison offers crucial insight into the meaning of conscientious citizenship in American democracy. In doing so, he follows his nineteenth-century Transcendentalist forebears--Emerson, Thoreau, and Whitman--who have become key figures in contemporary efforts to theorize liberal democratic character. At the center of Emersonian ethics is the idea of " awakening." " Awakening " is the Emersonians' name for honest and courageous confrontation with reality. Ellison broadens the Emersonians' vision by insisting that one cannot be "well awake" in America without confronting (...) the ways historical white supremacy shapes one's identity and chances in life. Political theorists who draw inspiration from the Emersonians in theorizing democratic individuality need to pay attention to Ellison--for he demonstrates that one cannot achieve democratic individuality without awakening to race. (shrink)

Tom Regan's four explanations of animal rights are examined and rejected as inadequate. A superior interest based account of animal rights is proposed. This derives an animal's right to freedom from harm from interests that are implicit in the conscious life of the animal. According to Tom Regan, there are four possible accounts for dealing with the issue of how animals should be treated: (1) the ?Kantian account?; (2) the ?cruelty account?; (3) the ?utilitarian account?; and (4) the ?animal rights (...) account? (Regan, 2001, pp. 41?55). In this paper I propose to briefly survey these four accounts and argue for a fifth view, the ?interests account?, which I believe is the most reasonable of the five accounts. (shrink)

A battle over the politics of time is a major part of what is at stake in the differences between three competing currents of contemporary philosophy: analytic philosophy, post-structuralist philosophy, and phenomenological philosophy. Avowed or tacit philosophies of time define representatives of each of these groups and also guard against their potential interlocutors. However, by bringing the temporal differences between these philosophical trajectories to the fore, and showing both their methodological presuppositions and their ethico-political implications, this book begins a long (...) overdue dialogue on their respective strengths and weaknesses. It argues that there are systemic temporal problems that afflict each, but especially the post-structuralist tradition and the analytic tradition. What is required is a “middle-way” that does not treat the living-present and the pragmatic temporality associated with bodily coping as an epiphenomenon to be explained away as either a transcendental illusion, or as a subjective/psychological experience that is not ultimately real. (shrink)

The clue to the Christology of Mark's Gospel is found in the story itself, not in the tradition Mark used nor in the community for which he wrote.

In the story of Luke's Gospel, the primary conflict at the human level is that between Jesus and the religious authorities. This conflict, while it reaches its culmination in the death, resurrection, and ascension of Jesus, comes to its head in the episode of Jesus on the cross. Whereas the authorities believe that Jesus' death vindicates them as Israel's rightful rulers, the reader knows that, ironically, the cross is the place where Jesus is at once publicly proclaimed as Israel's Messiah-King (...) and anticipates the onset of his glorious reign of salvation. (shrink)

This book considers the ability of individuals and communities to maintain healthy relationships with their surroundings—before, during and after catastrophic events—through physical activity and sporting practices. -/- Broad and ambitious in scope, this book uses sport and physical activity as a lens through which to examine our catastrophic societies and spaces. Acknowledging that catastrophes are complex, overlapping phenomena in need of sophisticated, interdisciplinary solutions, this book explores the social, economic, ecological and moral injustices that determine the personal and emotional impact (...) of catastrophe. Drawing from international case studies, this book uniquely explores the different landscapes and contexts of catastrophe as well as the affective qualities of sporting practices. This includes topics such as DIY skateparks in Jamaica; former child soldiers in Africa; the funding of sport, recreation and cultural activities by extractive industries in northern Canada; mountain biking in the UK; and urban exploration in New Zealand. Featuring the work of ex-professional athletes, artists, anthropologists, sociologists, political ecologists, community development workers and philosophers, this book offers new perspectives on capitalism, nature, sociality, morality and identity. -/- This is essential reading for academics and practitioners in sociology, disaster studies, sport-for-development and political ecology. (shrink)

Through research that was conducted with mountain bike trail builders, this article explores the processes by which socio-natures or ‘emergent ecologies’ are formed through the assemblage of trail building, mountain bike riding and matter. In moving conversations about ‘Nature’ beyond essentialist readings and dualistic thinking, we consider how ecological sensibilities are reflected in the complex, lived realities of the trail building community. Specifically, we draw on Morton’s (2017) notion of the ‘symbiotic real’ to examine how participants connect with a range (...) of objects and non-humans, revealing a ‘spectral’ existence in which they take pleasure in building material features that are only partially of their creation. Such ‘tuning’ to the symbiotic real was manifest in the ongoing battle that the trail builders maintained with water. This battle not only emphasized the fragility of their trail construction but also the temporal significance of the environments that these creations were rendered in/with. In conclusion, we argue that these findings present an ecological awareness that views nature as neither static, inert or fixed, but instead, as a temporal ‘nowness’, formed from the ambiguity of being in and with nature. Ecologically, this provides a unique form of orientation that re-establishes the ambiguity between humans and nature, without privileging the former. It is set against this ecological (un)awareness that we believe a re-orientation can be made to our understandings of leisure, the Anthropocene and the nature-culture dyad. (shrink)

Without proposing anything quite so grandiose as a return to existentialism, in this paper we aim to articulate and minimally defend certain core existentialist insights concerning the first-person perspective, the relationship between theory and practice, and the mode of philosophical presentation conducive to best making those points. We will do this by considering some of the central methodological objections that have been posed around the role of the first-person perspective and “lived experience” in the contemporary literature, before providing some neo-existentialist (...) rejoinders. We will suggest that the dilemma that contemporary philosophy poses to existentialism, vis-à-vis methodology, is that it is: a) committed to lived experience as some sort of given that might be accessed either introspectively or retrospectively (with empirical science posing prima facie obstacles to the veridicality of each); and/or b) it advocates transformative experiences, and the power of philosophy in connection with such experiences, to radically revise our doxastic and inter-connected web of beliefs. In short, the charge is conservatism on the one hand, radicalism on the other. Each of these concerns will be addressed in turn, utilizing ideas from Kierkegaard (as the source for many existentialist themes, methodological concerns, and formal practices) and from the German and French twentieth century versions of existentialism. (shrink)

In his ‘Letter on “Humanism”’, Martin Heidegger advances a critique of humanism while insisting that this critique does not imply that he ‘advocates the inhuman’. There are two reasons why Heidegger might be concerned to rebut this accusation. First, one might worry that any rejection of humanism commits one to rejecting its central values, such as the idea that human beings have an essential worth. Second, Heidegger might be concerned to distance his critique from the inhuman policies of National Socialism, (...) with which he was associated in the early 1930s.In this paper, I offer an interpretation of Heidegger's conception of ‘the inhuman’ to shed light on his critique's normative implications. Through this examination of Heidegger's views, I raise concerns about the political prospects of his anti-humanism, and, more tentatively, of anti-humanistic thought in general. First, I reconstruct Heidegger's critique of humanism, his positive conception of the human essence, and his cryptic account of evil in the Letter. I argue that the view that emerges involves a problematic displacement of human responsibility for evil, which Heidegger interprets as symptomatic of the modern epoch in the ‘history of Being’. Moreover, while his account opposes ‘the inhuman’ in a ‘Being-historical’ sense, I argue that it disavows crucial normative resources for resisting ‘the inhuman’ in the ordinary moral sense. (shrink)

In Scotland, for hundreds of years, juries have chosen between three criminal verdicts: “guilty,” “not guilty,” and “not proven.” The “not proven” verdict’s legal meaning remains mysterious. In this article, I aim to describe and solve the problem. Applying modern ideas about standards of proof to the intellectual history of “not proven” yields eight plausible meanings for the verdict. With the extent of the problem in mind, I offer a solution. In the three-verdict system, jurors should deliver a “guilty” verdict (...) when they believe that the accused has committed the crime and a “not guilty” verdict when they believe that the accused has not committed the crime. The “not proven” verdict is for all other states of mind. Clarifying this question matters for determining whether the verdict’s existence is just. It also offers some evidence for how the criminal standard of proof works in other legal systems. (shrink)