This is the first book to offer the best essays, articles, and speeches on ethics and intelligence that demonstrate the complex moral dilemmas in intelligence collection, analysis, and operations. Some are recently declassified and never before published, and all are written by authors whose backgrounds are as varied as their insights, including Robert M. Gates, former Director of the Central Intelligence Agency; John P. Langan, the Joseph Cardinal Bernardin Professor of Catholic Social Thought at the Kennedy Institute of Ethics, Georgetown (...) University; and Loch K. Johnson, Regents Professor of Political Science at the University of Georgia and recipient of the Owens Award for contributions to the understanding of U.S. intelligence activities. Creating the foundation for the study of ethics and intelligence by filling in the gap between warfare and philosophy, this is a valuable collection of literature for building an ethical code that is not dependent on any specific agency, department, or country. (shrink)

This volume collects essays which are thematically connected through the work of Kent Emery Jr., to whom the volume is dedicated. A main focus lies on the attempts to bridge the gap between mysticism and a systematic approach to medieval philosophical thought.

"In Realms of Legal Interpretation, Kent Greenawalt focuses on how courts decide what is legally forbidden or authorized, and how context shapes their decisions. The problem, he argues, is that we do not, and never have, agreed on all the details of the standards United States judges should employ - like everyone else, judges have different ideas of what constitutes good common sense. Moreover, circumstance regularly throws up hurdles... Different judges react in different ways. Acknowledging that courts will never (...) agree upon a uniform approach to applying norms and interpreting the law, Greenawalt's aim is to provide a capacious, user-friendly model for approaching hard cases sensibly in both public and private law. Just as importantly, the book serves as a pithy guide to the major forms of legal interpretation for nonlawyers" --. (shrink)

This is a review of those key thought experiments in physics from the late 19th century onward that seem to have played a particular role in the process of the discovery or advancement of theory. Among others the paper discusses Maxwell's demon, several of Einstein's thought experiments in relativity, Heisenberg's microscope, the Einstein-Schrödinger cat, and the EPR thought experiment.

This Comment argues that Stephen Bush's critique of Georges Bataille's meditative practice fails to recognize how the disruption of the self, and the challenge to goal-oriented activity that comprise the heart of that practice, serve as an ethical limit that protects against sadistic and violent engagement with the world. The ethical disposition fostered by Bataille's practice is a dissolution of the self. In this reply to Kent Brintnall's response to my essay on Georges Bataille and the ethics of ecstasy, (...) I explore two primary questions: whether instrumentalization is inherently violent and non-instrumentalization is inherently non-violent, and whether there is a way to intervene in the world that avoids both "apathetic disengagement" and domination. I endorse the view that instrumentalization can be good as well as bad, and I suggest that it is possible to strive to intervene in the world without striving to master it. I make reference to Sarah Coakley as a Christian theologian who advances particular practices that aim for non-dominating intervention in theworld. (shrink)

Constituting a collection of essays written over the last five decades about a wide range of topics, Kent Greenawalt's From the Bottom Up addresses vital ties between the law and political and moral philosophy.

When I examine contextualism there is much that I can doubt. I can doubt whether it is a cogent theory that I examining, and not a cleverly stated piece of whacks. I can doubt whether there is any real theory there at all. Perhaps what I took to be a theory was really some reflections; perhaps I am even the victim of some cognitive hallucination. One thing however I cannot doubt: that there exists a widely read pitch of a round (...) and somewhat bulgy shape. (shrink)

Can we ever be fully practically justified in acting contrary to moral demands? My contention is that the answer is 'no'. I argue that by adopting a 'buck-passing' account of wrongness we can provide a philosophically satisfying answer to the familiar 'why should I be moral?'. In working my way toward the buck-passing account of wrongness, I outline the metaethical and 'metanormative' assumptions on which my theory stands. I also consider and reject the 'internalist' answer to 'why should I be (...) moral?'. The account I end up with is decidedly non-consequentialist and it is consistent with common-sense morality. It also provides a way of showing why moral considerations are overridingly normative in a way that is consistent with our best current understanding of what practical reason requires of us. (shrink)

Exploration of a hypothetical model of the structure of the Emergent Event. -/- Key Words: Emergent Event, Foundational Mathematical Categories, Emergent Meta-system, Orthogonal Centering Dialectic, Hegel, Sartre, Badiou, Derrida, Deleuze, Philosophy of Science.

When Kent Nerburn received a letter from a young woman questioning her calling to spend her life in the arts, the writer and artist was struck by how closely her questions mirrored the doubts and yearnings of his own youth. Nerburn resolved that he would write his own letter: a letter of welcome and encouragement to all artists setting out on the same strange and magical journey, sharing the wisdom of a life spent working in the arts. From struggles (...) with money and the bitterness of rejection, to spiritual questions of inspiration and authenticity, Dancing With the Gods offers insight, solace and courage to help artists on the winding road to artistic fulfilment. Tender and joyous, it is a celebration of art's power to transform the darkest of human experience and give voice to the grandest of human hopes. (shrink)

Evidence claims depend on fallible assumptions. Three strategies for making true evidence claims in spite of this fallibility are strengthening the support for those assumptions, weakening conclusions, and using multiple independent tests to produce robust evidence. Reliability itself, understood in frequentist terms, does not explain the usefulness of all three strategies; robustness, in particular, sometimes functions in a way that is not well-characterized in terms of reliability. I argue that, in addition to reliability, the security of evidence claims is of (...) epistemic value, where an evidence claim is secure relative to an epistemic situation if it remains true in all scenarios that are epistemically possible relative to that epistemic situation. (shrink)

C.S. Peirce, the American philosopher and a principal figure in the development of the modern study of semiotics, struggled, mostly during his later years, to work out a systematic method for classifying sciences. By doing this, he hoped to define more clearly the various tasks of these sciences by showing how their individual effects are interrelated and how these effects, considered in their interrelations, establish pragmatic meanings for each individual science. Much of his work was centered on the meaning and (...) function of logic in relation to other areas of human knowledge. By rightly defining the work of logic, Peirce argued, the work of the other sciences could be pursued with more rigorous reasoning. Beverley Kent closely examines the published and unpublished writings of Peirce and carefully attends to the chronological development of his systems of classification; she thereby shows for the first time in the scholarly literature how seeming contradictions in Peirce's evolving classification are really part of an increasingly clear position. Logic, Peirce came to understand, is actually dependent on ethics and aesthetics for its principles. Kent shows how Peirce's working out of the classification of logic in relation to other sciences is a clue to the significant differences between his early and late philosophy and, perhaps even more important, to a reading of his more general claims for a philosophy of "pragmaticism." This work will be of interest to readers of Peirce and American philosophy, to historians of logic and semiotics, and to those more generally interested in the history of systems of knowledge-classification. (shrink)

This review takes a historical perspective on concepts in the psychology of motivation and emotion, and surveys recent developments, debates and applications. Old debates over emotion have recently risen again. For example, are emotions necessarily subjective feelings? Do animals have emotions? I review evidence that emotions exist as core psychological processes, which have objectively detectable features, and which can occur either with subjective feelings or without them. Evidence is offered also that studies of emotion in animals can give new insights (...) into human emotions. Beyond emotion, motivation concepts have changed over decades too, and debates still continue. Motivation was once thought in terms of aversive drives, and reward was thought of in terms of drive reduction. Motivation-as-drive concepts were largely replaced by motivation-as-incentive concepts, yet aversive drive concepts still occasionally surface in reward neuroscience today. Among incentive concepts, incentive salience is a core motivation process, mediated by brain mesocorticolimbic systems (dopamine-related systems) and sometimes called ‘wanting’ (in quotation marks), to distinguish it from cognitive forms of desire (wanting without quotation marks). Incentive salience as ‘wanting’ is separable also from pleasure ‘liking’ for the same reward, which has important implications for several human clinical disorders. Ordinarily, incentive salience adds motivational urgency to cognitive desires, but ‘wanting’ and cognitive desires can dissociate in some conditions. Excessive incentive salience can cause addictions, in which excessive ‘wanting’ can diverge from cognitive desires. Conversely, lack of incentive salience may cause motivational forms of anhedonia in depression or schizophrenia, whereas a negatively-valenced form of ‘fearful salience’ may contribute to paranoia. Finally, negative ‘fear’ and ‘disgust’ have both partial overlap but also important neural differences. (shrink)

In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored (...) in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements. (shrink)

Different brain mechanisms seem to mediate wanting and liking for the same reward. This may have implications for the modular nature of mental processes, and for understanding addictions, compulsions, free will and other aspects of desire. A few wanting and liking phenomena are presented here, together with discussion of some of these implications.

As Kent Greenwalt's second volume on aspects of legal interpretation, this book analyzes statutory and common law interpretation and compares the two. In respect to statutory interpretation, it first asks whether judges are "faithful agents" of the legislature or "independent cooperative partners." It concludes that the obvious answer is that neither simple categorization really fits-that the function of judges involves a combination of roles. The next issue addressed is whether the intent of those in authority matters for interpreting the (...) kinds of instructions contained in statutes. At the general level, the answer is "yes." This answer follows even if one thinks interpretation should concentrate on the understanding of readers, because readers themselves would treat intentions as part of the relevant context of the language of statutes. It would take some special reasons, such as constitutional structure or unreliability, to discount actual intents of legislators and use of legislative history. The book argues that none of these special reasons are convincing. On the question whether judges should focus on the language of specific provision or overall purpose, both are relevant, and purpose should become more important as time passes. In an analysis of various other features of statutory interpretation, the book claims that presidential signing statements should not have weight, that subsequent legislative actions short of new statutes should only occasionally carry importance, that "canons of interpretation," such as the rule of lenity, can provide some, limited, guidance, and that there are special reasons for courts to adhere to precedents in statutory cases, but these should not yield any absolute rule. A chapter on administrative interpretation of statutes claims that the standards agencies apply should differ to a degree from those of courts and that judicial deference to those interpretations is ordinarily warranted. The book's second part, on common law interpretation, considers the force of precedents, resisting any simple dichotomy between holding and dictum. It also defends the use of reasoning by analogy, not only in the initial stages thinking about a problem, but also in respect to some final justifications for decisions. An examination of the place of rules, principles, and policies argues that all three are relevant in common law interpretation; and shows that common law interpretation is not reducible to any formula. A final chapter compares statutory and common law interpretation, similarities and differences, how each can affect the other, and the significance of having a legal system in which they both play prominent roles. (shrink)

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their (...) children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity.In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare. (shrink)

I contrast two modes of error-elimination relevant to evaluating evidence in accounts that emphasize frequentist reliability. The contrast corresponds to that between the use of of a reliable inference procedure and the critical scrutiny of a procedure with regard to its reliability, in light of what is and is not known about the setting in which the procedure is used. I propose a notion of security as a category of evidential assessment for the latter. In statistical settings, robustness theory and (...) misspecification testing exemplify two distinct strategies for securing statistical inferences. (shrink)

In this Response to Professor Peters, Professor Greenawalt argues that prescriptive equality does have meaningful normative force. Prescriptive equality plays a reinforcing role when it agrees with nonegalitarian justice and is not incoherent when it pulls against nonegalitarian justice. Specifically, when one individual has been treated better than is required by nonegalitarian justice, a similarly situated and significantly related individual who is aware of that treatment may merit equivalent treatment because of widespread and deep-seated feelings about equality.

The recent discovery of a Higgs boson prompted increased attention of statisticians and philosophers of science to the statistical methodology of High Energy Physics. Amidst long-standing debates within the field, HEP has adopted a mixed statistical methodology drawing upon both frequentist and Bayesian methods, but with standard frequentist techniques such as significance testing and confidence interval estimation playing a primary role. Physicists within HEP typically deny that their methodological decisions are guided by philosophical convictions, but are instead based on “pragmatic” (...) considerations, thus distancing themselves from what they perhaps perceive as an ongoing pitched ideological battle between frequentists and Bayesians. Here I argue that there is a philosophical orientation to HEP that is neither exclusively frequentist nor Bayesian, but that lies squarely in the tradition of philosophical pragmatism. I further argue that understanding the statistical methodology of HEP through the perspective of pragmatism clarifies the role of and rationale for significance testing in the search for new phenomena such as the Higgs boson. (shrink)

: Evidence claims depend on fallible assumptions. This paper discusses inferential robustness as a strategy for justifying evidence claims in spite of this fallibility. I argue that robustness can be understood as a means of establishing the partial security of evidence claims. An evidence claim is secure relative to an epistemic situation if it remains true in all scenarios that are epistemically possible relative to that epistemic situation.

Where does normal brain or psychological function end, and pathology begin? The line can be hard to discern, making disease sometimes a tricky word. In addiction, normal ‘wanting’ processes become distorted and excessive, according to the incentive-sensitization theory. Excessive ‘wanting’ results from drug-induced neural sensitization changes in underlying brain mesolimbic systems of incentive. ‘Brain disease’ was never used by the theory, but neural sensitization changes are arguably extreme enough and problematic enough to be called pathological. This implies that ‘brain disease’ (...) can be a legitimate description of addiction, though caveats are needed to acknowledge roles for choice and active agency by the addict. Finally, arguments over ‘brain disease’ should be put behind us. Our real challenge is to understand addiction and devise better ways to help. Arguments over descriptive words only distract from that challenge. (shrink)

Confusion in terms inspires confusion in concepts. When a relevant distinction is not clearly marked or not marked at all, it is apt to be blurred or even missed altogether in our thinking. This is true in any area of inquiry, pragmatics in particular. No one disputes that there are various ways in which what is communicated in an utterance can go beyond sentence meaning. The problem is to catalog the ways. It is generally recognized that linguistic meaning underdetermines speaker (...) meaning because of the need for disambiguation and reference assignment and because people can speak figuratively or indirectly. But philosophers and linguists are coming to recognize that these are not the only ways. The situation may be described in Gricean terms: the distinction between what is said and what is implicated is not exhaustive. Charting the middle ground between the two will require attending to specific examples, noting their distinctive features, and articulating the relevant concepts. That is what I aim to do here. The basic idea will be to distinguish not only the implied from the explicit but the implicit from the implied. (shrink)

Sentences whose semantic contents seem to differ in different contexts, in virtue of containing expressions of such sorts as the following (there may be others).

Influenced by the Wittgensteinian slogan “Don’t look for the meaning, look for the use,” ordinary language philosophers aimed to defuse various philosophical problems by analyzing key words in terms of what they are used to do or the conditions for appropriately using them. Although Moore, Grice and Searle exposed this error – mixing pragmatics with semantics – it still gets committed, now to a different end. Nowadays the aim is to reckon with the fact that the meanings of a great (...) many sentences underdetermine what we would normally mean in using them – even if the sentence is free of indexicality, ambiguity, and vagueness. This can be so because the sentence expresses a “minimal” proposition or even because it doesn’t fully express any proposition. Many theorists are led to defend “truth-conditional pragmatics” (or linguistic “contextualism”), to find a hidden indexical in every syntactic nook or semantic cranny, or otherwise to pay undue respect to seemingly semantic intuitions and intentions. This paper identifies various such moves and explains what’s regressive about them. (shrink)