This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

This book originated at a small and informal workshop held in December of 1992 in Idyllwild, a relatively secluded resort village situated amid forests in the ...

Winner of the 2015 Pierre-Antoine Bernheim Prize for the History of Religion by the Académie des Inscriptions et Belles-LettresAfter a century during which Confucianism was viewed by academics as a relic of the imperial past or, at best, a philosophical resource, its striking comeback in Chinese society today raises a number of questions about the role that this ancient tradition might play in a contemporary context. The Sage and the People is the first comprehensive enquiry into the "Confucian revival" that (...) began in China during the 2000s. Based on extensive anthropological fieldwork carried out over eight years in various parts of the country, it explores the re-appropriation and reinvention of popular practices in fields as diverse as education, self-cultivation, religion, ritual, and politics.The book analyzes the complexity of the "Confucian revival" within the broader context of emerging challenges to such categories as religion, philosophy, and science that prevailed in modernization narratives throughout the last century. Exploring state cults both in Mainland China and Taiwan, authors Sébastien Billioud and Joël Thoraval compare the interplay between politics and religion on the two shores of the Taiwan strait and attempt to shed light on possible future developments of Confucianism in Chinese society. (shrink)

This paper represents two polemics. One is against suggestions (made by Harman and others) that recent psychological research counts against any claim that there is such a thing as genuine virtue (Cf. Harman, in: Byrne, Stalnaker, Wedgwood (eds.) Fact and value, pp 117–127, 2001 ). The other is against the view that virtue ethics should be seen as competing against such theories as Kantian ethics or consequentialism, particularly in the specification of decision procedures.

This paper follows directly from an earlier paper where we discussed the requirements for an artifact to be a moral agent and concluded that the artifactual question is ultimately a red herring. As...

The idea that there are ‘laws of nature’ is a widespread scientific opinion. On the one hand, I argue that this idea has the crucial function to explain the obvious similarities of physical processes. On the other hand, I show that this idea can be replaced by the hypothesis supporting that a minimal consciousness immanent to matter governs its processes. This latter hypothesis may seem surprising, but compared to that of laws, it is more empirical in the sense that it (...) is inspired by our conscious experience, in particular our experience of automatic actions. And it is deflationist, because it allows us to reject the existence of laws, which must be considered as Platonistic forms. This hypothesis has been supported by Peirce and Bergson. In this paper, I try to clarify and complete their views, and to draw the consequences for the study of consciousness. (shrink)

Kant's introduction of a distinctive form of philosophical investigation and proof, known as transcendental, inaugurated a new philosophical tradition. Transcendental Philosophy and Naturalism assesses the present state and contemporary relevance of this tradition. The contributors aim to understand the theoretical structures involved in transcendental explanation, and to assess the contemporary relevance of the transcendental orientation, in particular with respect to contemporary philosophical naturalism. These issues are approached from both naturalistic and transcendental perspectives.

Im vorliegenden Beitrag setzt der Autor eine früher begonnene Debatte mit Axel Honneth über die Interpretation psychoanalytischer Konzepte, insbesondere die Donald W. Winnicotts, fort. Honneths philosophische Aneignung der Psychoanalyse sieht der Autor in der Tradition der »Relationalen Linken«; wie bei dieser stelle die Winnicott-Interpretation auch bei Honneth eines der zentralen Elemente des Versuchs dar, die eigene philosophische Position zu formulieren. Dabei werde Winnicotts komplexes, hochdifferenziertes und subtiles Denken einer erheblichen Vereinfachung unterworfen. Der Autor zeigt, dass und wie der entscheidende Punkt, (...) in dem Honneths Position und die des Autors sich unterscheiden, in der Anthropologie liegt. (shrink)

The "aphoristic form causes difficulty," Nietzsche argued in 1887, for "today this form is not taken seriously enough." Nietzsche's Aphoristic Challenge addresses this continued neglect by examining the role of the aphorism in Nietzsche's writings, the generic traditions in which he writes, the motivations behind his turn to the aphorism, and the reasons for his sustained interest in the form. This literary-philosophical study argues that while the aphorism is the paradigmatic form for Nietzsche's writing, its function shifts as his thought (...) evolves. His turn to the aphorism in Human, All Too Human arises not out of necessity, but from the new freedoms of expression enabled by his critiques of language and his emerging interest in natural science. Yet the model interpretation of an aphorism Nietzsche offers years later in On the Genealogy of Morals tells a different story, revealing more about how the mature Nietzsche wants his earlier works read than how they were actually written. This study argues nevertheless that consistencies emerge in Nietzsche's understanding of the aphorism, and these, perhaps counter-intuitively, are best understood in terms of excess. Recognizing the changes and consistencies in Nietzsche's aphoristic mode helps establish a context that enables the reader to navigate the aphorism books and better answer the challenges they pose. (shrink)

I critically discuss Strawson's transcendental argument against other minds scepticism, and look at the prospects for a naturalised version of it.

The Necessary Maximality Principle for c. c. c. forcing with real parameters is equiconsistent with the existence of a weakly compact cardinal. (© 2005 WILEY‐VCH Verlag GmbH & Co. KGaA, Weinheim).

The Expression of Emotion collects cutting-edge essays on emotional expression written by leading philosophers, psychologists, and legal theorists. It highlights areas of interdisciplinary research interest, including facial expression, expressive action, and the role of both normativity and context in emotion perception. Whilst philosophical discussion of emotional expression has addressed the nature of expression and its relation to action theory, psychological work on the topic has focused on the specific mechanisms underpinning different facial expressions and their recognition. Further, work in both (...) legal and political theory has had much to say about the normative role of emotional expressions, but would benefit from greater engagement with both psychological and philosophical research. In combining philosophical, psychological, and legal work on emotional expression, the present volume brings these distinct approaches into a productive conversation. (shrink)

This paper investigates the compatibility of Hegel’s analyses of the mechanization of work in industrial society with Hegel’s notion of freedom as rational self-determination. Work as such is for Hegel a crucial moment on the way to a more complete realization of human freedom, but, as I maintain with Adorno, the technological developments of the last two centuries raise the question of whether the nature of work itself has changed since the industrial revolution. In his Jena lectures, Hegel recognized significant (...) problems that the mechanization of work poses for human freedom that—on my assessment—his later, mature thought does not sufficiently address. One finds, however, a more comprehensive depiction of the same worries that Hegel mentioned in his Jena lectures in Adorno’s critique of the dominant forms of labor in contemporary society and his understanding of technological rationality, which according to Adorno, dominates the contemporary world. I suggest, furthermore, that juxtaposing Hegel’s and Adorno’s thoughts on technology and the mechanization of work reveals Adorno’s philosophy of technology to be an extension, rather than a critique, of the spirit of Hegel’s own philosophical project as immanent critique of the necessary entailments of any given concept. (shrink)

Understanding the individual-level factors associated with sustainable behaviour in the workplace is important to advance corporate ethics and sustainability efforts. In two studies, we simultaneously assess the role of core values and personality traits in relation to a broad set of sustainability actions, both beneficial and harmful. Results from a student sample and then a national sample confirm that values and personality are distinct constructs that incrementally and differentially predict economic, social, and environmental outcomes. We successfully replicate previous findings pertaining (...) to values and find that, controlling for values, the personality dimension of Honesty–Humility is the strongest negative predictor of harmful actions. Our analyses highlight the unique characteristics of values and personality and their distinct implications for ethical and sustainable management practice. By assessing values and personality together, we also contribute to more general efforts within psychology to develop an integrative view of the person. (shrink)

Prospective ascription of responsibility is hypothetical, commonly noting or setting conditions for critical judgment or liability if some event occurs or fails to occur, thus determining vulnerability to retrospective judgments. Prospective liabilities can be classified by source, by type or degree (if any) of accompanying control, and by structure or stages.But not all prospective responsibility can be understood in terms of liability. Actual or de facto control over X and/or responsibility for Y (persons, animals, inanimate things, etc.), though they may (...) involve prospective liabilities, may not be responsibilities to any person in particular. Such responsibilities may be called responsibilities in rem and distinguished from those assignable to persons (responsibilities in personam).Though prospective responsibility judgments often provide the most important grounds for retrospective judgments, if the concern is with the meaning of responsibility judgments, retrospective responsibility judgments are more basic. For, while we can understand retrospective judgments even though we know nothing of prospective ones, the opposite is not true. (shrink)

This article defends the ethical theory of william wollaston against the objections of hume and later writers who uncritically accepted hume's account of what wollaston said. I then argue that the true flaws in wollaston's view that all wrongdoing is false representing are that it cannot explain why some immoral acts are worse than others, And it presupposes antecedent moral principles of a different kind. I conclude that wollaston's theory, While failing as a general account of all immorality, Can nevertheless (...) be used to explain the difference between actions that are specifically unjust and actions that are immoral in other ways. (shrink)

We examined effects of exposure to unreportable images of spiders on approach towards a tarantula. Pretests revealed awareness of the stimuli was at chance. Participants high or low on fear of spiders were randomly assigned to receive computer-generated exposure to unreportable pictures of spiders or outdoor scenes. They then engaged in a Behavioral Approach Task with a live tarantula. Non-fearful participants completed more BAT items than spider-fearful individuals. Additionally, as predicted, a significant interaction = 5.12, p < .03) between fear (...) of spiders and stimulus demonstrated that spider-fearful participants exposed to spiders completed more BAT items than spider-fearful participants exposed to control stimuli . The findings support the hypothesis that exposure to unreportable feared stimuli promotes approach towards the feared object. Future research and clinical implications were discussed. (shrink)

The distinction between taxonomic plant geography and ecological plant geography was never absolute: it would be historically inaccurate to portray them as totally divergent. Taxonomists occasionally borrowed ecological concepts, and ecologists never completely repudiated taxonomy. Indeed, some botanists pursued the two types of geographic study. The American taxonomist Henry Allan Gleason (1882–1975), for one, made noteworthy contributions to both. Most of Gleason's research appeared in short articles, however. He never published a major synthetic work comparable in scope or influence to (...) the ecological texts of Clements, Schimper, and Warming.Despite exceptions such as Gleason, most plant geographers throughout the twentieth century have emphasized the distinction between ecological and taxonomic plant geographies. Why have these distinct traditions developed? In his book Geographical Ecology, Robert MacArthur has suggested a psychological explanation for the dichotomy: “Unraveling the history of a phenemenon has always appealed to some people and describing the machinery of the phenomenon to others... The ecologist and physical scientist tend to be machinery oriented, whereas paleontologists and most biogeographers tend to be history oriented.”46Without necessarily rejecting MacArthur's explanation, my study suggests a more complex relationship between taxonomic and ecological plant geographies. At the turn of the century a group of botanists self-consciously defined a new area of botanical research. These ecologists defined their new discipline in opposition to what they believed was a moribund, nineteenth-century, natural-history tradition. They turned from historically oriented, descriptive, taxonomic plant geography to experimental physiology. The new ecological plant geography was to focus on communities rather than on species, on proximate environmental causes rather than on historical explanations, and on physiological experiments rather than on morphological descriptions.As we look back, much of the “revolt from morphology” was rhetorical. Ecologists never completely replaced species as units of distribution, nor did they set geography on an explicitly physiological basis. Indeed, much of early ecological research was, quite simply, descriptive. Plant communities were defined in terms of dominant species, representative life forms, or general physiognomy. The underlying physiological basis for community characteristics was more often assumed than demonstrated by experiments.Despite the fact that ecological plant geography was not a truly physiological specialty, it was significantly different from more traditional taxonomic plant geography. First, ecologists were less explicitly evolutionary in their approach than were taxonomists. Following Darwin, most taxonomic plant geographers viewed distribution in historical terms. In contrast, early ecologists tended to ignore the traditional geographic problems. Most ecologists were skeptical of historical explanations, emphasizing instead the proximate, environmental causes of distribution. While some nineteenth-century biogeographers had studied the correlation between climate and vegetation, twentieth-century ecologists focused much more sharply on the interactions between plant and environment. Plant ecologists did not place biogeography on a physiological basis, but by emphasizing physiology they laid the foundation for a more detailed understanding of adaption. This emphasis on physiology and environmental causation was a second distinguishing characteristic of ecological plant geography. Finally, the idea of the plant community, articulated by Eugenius Warming in 1895, provided ecologists with a unique perspective on the distribution of plants. For early ecologists, the community was more than an assemblage of species; it was an integrated unit. The distribution of these units became the major focus of ecological plant geography. Communities never completely replaced species as geographic units, and the distinction between flora and vegetation was often blurred. Nonetheless, ecologists were innovative in studying the distribution of structurally and functionally integrated groups of plants.In the twentieth century plant geography has occupied an anomalous position in biology. It has not developed into an autonomous discipline, nor has it been incorporated into the developing discipline of ecology. Ecologists and taxonomists have pursued fairly distinct styles of geographic research, with the result that two relatively independent approaches to the study of plant distribution have persisted. (shrink)

ABSTRACT Avner de Shalit argues that political philosophy centrally involves political persuasion, defined as a process of mutual empathy that involves more than just providing rationales or normative arguments. Building upon this idea of political persuasion as mutual empathy, de Shalit thinks that to engage the public, philosophers need to examine problems from the public’s perspective, and not a perspective unique to their professional group. In this paper, I argue that de Shalit’s conception of political persuasion is overly narrow. In (...) its place, I argue for a more pluralistic approach to understanding political persuasion. (shrink)

Modal Platonism utilizes "weak" logical possibility, such that it is logically possible there are abstract entities, and logically possible there are none. Modal Platonism also utilizes a non-indexical actuality operator. Modal Platonism is the EASY WAY, neither reductionist nor eliminativist, but embracing the Platonistic language of abstract entities while eliminating ontological commitment to them. Statement of Modal Platonism. Any consistent statement B ontologically committed to abstract entities may be replaced by an empirically equivalent modalization, MOD(B), not so ontologically committed. This (...) equivalence is provable using Modal/Actuality Logic S5@. Let MAX be a strong set theory with individuals. Then the following Schematic Bombshell Result (SBR) can be shown: MAX logically yields [T is true if and only if MOD(T) is true], for scientific theories T. The proof utilizes Stephen Neale's clever model-theoretic interpretation of Quantified Lewis S5, which I extend to S5@. (shrink)

Bergson argues that there is an incompatibility between free will and determinism: while free will has a dimension of creation, of invention, determinism corresponds to the idea that the future is fixed in advance by laws. In addition, he rejects determinism. According to him, the singularity of our deep-seated psychic states makes that their evolution cannot be governed by laws. However, Bergson does not defend classical indeterminism because it reduces free will to a choice between alternative possibilities, that is to (...) say between pre-fixed futures. Such a conception does not take into account the creative dimension of free will. In fact, Bergson develops an original form of indeterminism based on a certain conception of causation. For determinism and classical indeterminism, causation is always the actualization of a pre-fixed virtual reality. For Bergson, causation can also be a creation, that is, the formation of something which is not pre-fixed. (shrink)

Informed consent is a central concept for empirical and theoretical research concerning pregnancy management decisions and is often taken to be one of the more fundamental goals of the profession of genetic counseling. Tellingly, this concept has been seen by disability communities as salutary, despite longstanding critiques made by disability activists, advocates, and scholars concerning practices involved in genetic counseling more generally. In this chapter, we show that the widespread faith in informed consent is misleading and can be detrimental to (...) the practice of genetic counseling as guided by concerns of justice and equity. We proceed in two steps. First, we explain how informed consent is flawed as a practical concept. Second, we show how the inadequacy of informed consent illuminates the animating core of disability critiques of genetic counseling: the issue of ableism. We argue that the problem of ableism cannot be solved with informed consent because it is not merely a problem of information, but also of epistemic schemas. We suggest that what we call critically informed consent is better suited to move genetic counseling from being aware of the problem of ableism to becoming actively anti-ableist. (shrink)

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

This collection of 44 stunning black-and-white photos of the marble quarries in northern Italy is preceded by an Introduction that describes Leivick's goals and experiences as a photographer working at Carrara and provides a brief outline ...

Transhumanism promises us freedom from the biological limitations inherent in our nature. It aims to enhance physical, emotional and cognitive capacities thus opening up new possibilities and horizons of experience. Since many transhumanist aspirations resemble those within the domain of religion, this paper compares Christian ethics to transhumanist ethics with respect to the body and the environment and offers a critique of transhumanism. Three areas of contention are discussed: the modification of our given human nature, the radical extension of our (...) lifespans and our relationship to the natural environment. It argues that in these three areas, the underlying values being transmitted to future generations about the body and the environment are incompatible with Christian principles. (shrink)

This essay brings Emmanuel Levinas and Watsuji Tetsurō into constructive philosophical engagement. Rather than focusing primarily on interpretation — admittedly an important dimension of comparative philosophical inquiry — my intention is to put their respective views to work, in tandem, and address the problem of the embodied social self.1 Both Watsuji and Levinas share important commonalities with respect to the embodied nature of intersubjectivity —commonalities that, moreover, put both thinkers in step with some of the concerns driving current treatments of (...) social cognition in philosophy and cognitive science. They can make a fruitful contribution to this discussion by lending a phenomenologically informed critical perspective. Each in their own way challenges the internalist and cognitivist presuppositions informing the currently dominant “Theory of Mind” paradigm driving much social cognition research. Moreover, their respective views receive empirical support from a number of different sources. (shrink)

Comme la plupart des philosophes qui l’ont précédé, Michel Onfray n’a pas évité la question de Jésus : Pour vous qui suis-je? Sa réponse marque une rupture dans le consensus établit autour du Christ Summus philosophus. Au carrefour de l’autobiographie et de l’historiographie libérale, elle réveille la vieille thèse mythiste qui voit dans la vie de Jésus la biographie d’une fiction. Dès lors, si Jésus n’a pas d’existence historique réelle, la philosophie de la religion qui s’ensuit ne peut produire qu’un (...) nihilisme de la chair. Cette dénonciation onfrayenne de l’essence du christianisme pose les bases d’une nouvelle épistémè, une ontologie matérialiste, une érotique débarrassée de la morale commune, une existence jubilatoire au risque d’une liberté sans limite. Le parcours suivi dans cet article montre cependant que le Christ, entre l’attirance et le rejet qu’il suscite, reste la pierre de touche des attitudes philosophiques face à la foi. (shrink)

Arrivé à un stade de ma vie qui m'engage à prendre du recul, je voudrais témoigner dans ce livre d'un certain sentiment de spiritualité, qui a émergé de mes recherches pour comprendre l'ordre caché des choses et le sens secret de la nature. Ce sentiment est né d'un émerveillement et d'une révélation sur la simplicité des codes naturels qui conduisent au jaillissement, dans l'espace et dans le temps, de formes d'une extrême diversité et d'une grande beauté. Une morphogenèse qui a (...) passionné des penseurs comme Pythagore, Benoît Mandelbrot ou Alan Turing, et qui se poursuit par le travail et l'oeuvre des hommes. Ce travail est désormais mis en cause par les extensions du corps et du cerveau humains que représentent l'intelligence artificielle et les robots... Aujourd'hui, il devient plus difficile de prédire les évolutions exponentielles auxquelles nous sommes confrontés dans les domaines scientifique, technologique, économique et politique. Mon message vise à alerter les prospectivistes, les politiques, les économistes, les scientifiques, non seulement sur la vitesse de ces évolutions, mais surtout sur les interdépendances émergentes entre intelligence artificielle, robotique, travail humain et modifications de l'" ADN " d'Internet. Mal comprises, ces évolutions peuvent engendrer des mouvements tels que le transhumanisme. Mieux intégrées à nos réflexions, elles peuvent en revanche mener à une nouvelle étape de l'évolution de l'humanité... (shrink)

In this paper, I argue that the account of emergence advanced by Broad is both defensible and applicable to some examples of group-level phenomena. Specifically, Broad’s account enables the formulation of a non-reductive physicalism or of a non-reductive individualism, and correctly describes the case of group-judgment under the conditions of the discursive dilemma. Furthermore, this analysis shows that emergent phenomena need not be characterised using the resources of complexity theory.

Segundo a obra, algo de fundamental aconteceu nas categorias constitutivas do sujeito, redirecionando então as linhas de força do seu mal-estar. É no quadro estrito desse contraste que se inscreve a espinha dorsal deste livro. Sem deixar de levar em conta a situação socioeconômica e cultural, mas focalizando nas formas de mal-estar que assaltam o sujeito, Birman faz uma análise acurada das linhas de forças em jogo nesta passagem de um sujeito da modernidade para o sujeito.

Thomas Christiano argues that democracies acquire a right to rule by being the unique embodiment of publicly accessible rules. Justice requires the equal advancement of the interests of all. However, due to the need for citizens to shape a common world despite disagreement and limitations of human cognition, publicity is a necessary constraint on the pursuit of justice. Given that democracy is necessary to secure public equality, democratic authority is thus justified, as democracy is the only political arrangement that satisfies (...) both the publicity constraint and equality requirement. Christiano’s argument depends on a claim that individuals should be given the right to advance what they take to be their interests. This right is defended through two interlocking claims. First, according individuals this right advances three fundamental interests: i) correcting cognitive biases; ii) being at home in the world; and iii) equal moral standing. Second, the three fundamental interests imply that any collective decision-making procedure must be publicly accessible. Thus, any argument against the right to judge for oneself either violates the publicity requirement or the equality constraint. In this paper, I argue that Christiano’s argument faces a problem—under a two-stage plural voting system, an unequal distribution of voting rights can satisfy both the publicity requirement and the equality constraint. Thus, Christiano’s claim that public equality requires an equal distribution of the right to judge for oneself is mistaken. (shrink)