Foreword The collection of research papers in this book is a selection made from those which were presented at the eighth conference of the International ...

English summary: A commentary on Spinoza's final work, Tractatus Politicus has until recently remained a desideratum. In contrast to his metaphysics and his philosophy of religion, Spinoza's theories on politics, the state and law have received little attention in the German-speaking countries. It's only recently that Spinoza's political philosophy again become widely discussed in Germany. Having established the role of political philosophy and working always within the context of Spinoza's complete work, this volume comments firstly on Spinoza's theory on the (...) natural genesis of law and the state, including the foundations of political philosophy, the relationship between natural and national law and the theory of sovereignty and international relations. Continuing on this basis it moves on to his concept for the optimization of the system of political and legal institutions in all three forms of government. Finally, there is an analysis of the current relevance of Spinoza's thought and its impact on current debate. The work includes contributions by Tilman Altwicker, Wolfgang Bartuschat, Tobias Herbst, Gunnar Hindrichs, Rainer Keil, Stephan Kirste, Martin Leiner, Oliver W. Lembcke, Tilman Reitz and Manfred Walther. German description: Ein Kommentar zu Spinozas letztem Werk Tractatus politicus war bislang ein Desiderat. Spinozas Theorie der Politik, des Staates und des Rechts ist anders als seine Metaphysik und seine Religionsphilosophie im deutschsprachigen Bereich lange wenig beachtet worden. Erst in jungerer Zeit ist die Beschaftigung mit Spinozas politischer Philosophie auch in Deutschland wieder intensiver geworden. Nach einer Bestimmung des Ortes der Politischen Philosophie und stets im Kontext von Spinozas Gesamtwerk kommentiert der Band zunachst Spinozas Theorie der naturlichen Genese von Recht und Staat, so die Grundlagen der politischen Philosophie, das Verhaltnis von naturlichem und staatlichem Recht, die Theorie der Souveranitat und der internationalen Beziehungen. Auf dieser Grundlage folgt dann seine Konzeption einer Optimierung des Systems politisch-rechtlicher Institutionen fur alle drei Regierungsformen. Abschliessend werden die Aktualitat des Denkens Spinozas und sein Einfluss auf gegenwartige Debatten analysiert. Mit Beitragen von: Tilman Altwicker, Wolfgang Bartuschat, Tobias Herbst, G unnar Hindrichs, Rainer Keil, Stephan Kirste, Martin Leiner, Oliver W. Lembcke, Tilman Reitz, Manfred Walther. (shrink)

Gutes und Guter, Leben, Leib, Tugend - in diesem Band werden die Vortrage der ersten vier Symposien der Mainz Moral Meetings aus den Jahren 2009-2011 zu diesen Themen zusammengefasst. Ein interdisziplinarer Zugang durch Bibelwissenschaft, Judaistik, Altphilologie, Philosophie, Patristik, Systematische Theologie und weiteren Disziplinen eroffnet einen Blick auf die ethischen Normen des fruhen Christentums. Die Autoren der Beitrage fragen nach den Moglichkeiten von Norm und Normbegrundung einer fruhchristlichen Ethik in ausgewahlten Bereichen sowohl im Kontext antiker Philosophie als auch in gegenwartiger Verantwortung. (...) Mit Beitragen von: Jochen Althoff, Frederick D. Aquino, Wilhelm Blumer, Maximilian Forschner, Christian Hengstermann, Christoph Horn, Friedrich W. Horn, David Horrell, Manfred Lang, Sebastian Moll, Maren Niehoff, Jorg Roder, Eckart David Schmidt, Nikolaus Schneider, Lorenzo Scornaienchi, Notger Slenczka, Mira Stare, Gerd Theissen, Ulrich Volp, Jan G. van der Watt, Werner Zager, Ruben Zimmermann. (shrink)

The authors put forward an interesting response to detractors of black box algorithms. According to the authors, what is of ethical relevance for medical artificial intelligence is not so much their transparency, but rather their reliability as a process capable of producing accurate and trustworthy results. The implications of this view are twofold. First, it is permissible to implement a black box algorithm in clinical settings, provided the algorithm’s epistemic authority is tempered by physician expertise and consideration of patient autonomy. (...) Second, physicians are not expected to possess exhaustive knowledge or understanding of the algorithmic computation by which they verify or augment their medical opinions. The potential of these algorithms to improve diagnostic and procedural accuracy alongside the quality of patient decision-making is undoubtedly a boon to modern medicine, but blind deference to them is neither feasible nor responsible, as several logistical and ethical quagmires noted by the authors still remain inherent in algorithmic software. I concur …. (shrink)

The distinction between telic and atelic predicates has been described in terms of the algebraic properties of their meaning since the early days of model-theoretic semantics. This perspective was inspired by Aristotle’s discussion of types of actions that do or do not take time to be completed1 which was taken up and turned into a linguistic discussion of action-denoting predicates by Vendler (1957). The algebraic notion that seemed to be most conducive to express the Aristotelian distinction appeared to be the (...) mereological notion of a part, applied to the time at which these predicates hold: atelic predicates, like push a cart, have the subinterval property, that is, whenever they are true at a time interval, then they are true at any part of that interval; this does not hold for telic predicates, like eat an apple, cf. Bennett & Partee (1972), Taylor (1977), and Dowty (1979)2. Bach (1986) integrated these insights into a semantics based on events. (shrink)

Strokes of Luck provides a detailed and wide-ranging examination of the role of luck in moral and political philosophy. The first part tackles debates in moral luck, which are concerned with the assignment of blameworthiness to individuals who are separated only by lucky differences. ‘Anti-luckists’ think that an agent who, for example, attempts and succeeds in an assassination and an agent who attempts and fails are equally blameworthy. This book defends an ‘anti-anti-luckist’ argument, according to which the successful assassin is (...) more blameworthy than the unsuccessful one. Moreover, the successful assassin is, all things equal, a worse person than the unsuccessful one. The worldly outcomes of our acts can make an all-important difference, not only to how bad our acts can be deemed, but to how bad we are. The second part enters into debates about distributive justice. It is argued that the attempt to neutralize luck in the distribution of advantages among individuals does not deserve its prominence in political philosophy: the ‘luck egalitarian’ programme is flawed. A better way forward is to re-invest in John Rawls’s ‘justice as fairness, which demonstrates a superior way of taming the bad effects of luck and unchosen disadvantage. (shrink)

As sophisticated artificial intelligence software becomes more ubiquitously and more intimately integrated within domains of traditionally human endeavor, many are raising questions over how responsibility (be it moral, legal, or causal) can be understood for an AI’s actions or influence on an outcome. So called “responsibility gaps” occur whenever there exists an apparent chasm in the ordinary attribution of moral blame or responsibility when an AI automates physical or cognitive labor otherwise performed by human beings and commits an error. Healthcare (...) administration is an industry ripe for responsibility gaps produced by these kinds of AI. The moral stakes of healthcare are often life and death, and the demand for reducing clinical uncertainty while standardizing care incentivizes the development and integration of AI diagnosticians and prognosticators. In this paper, we argue that (1) responsibility gaps are generated by “black box” healthcare AI, (2) the presence of responsibility gaps (if unaddressed) creates serious moral problems, (3) a suitable solution is for relevant stakeholders to voluntarily responsibilize the gaps, taking on some moral responsibility for things they are not, strictly speaking, blameworthy for, and (4) should this solution be taken, black box healthcare AI will be permissible in the provision of healthcare. (shrink)

Historically, the hypothesis driving emotion research has been that emotion’s data-base—in language, physiology, and behavior— is organized around specific mental states, as reflected in evaluative language. It is suggested that this approach has not greatly advanced a natural science of emotion and that the developing motivational model of emotion defines a better path: emotion is an evolved trait founded on motivational neural circuitry shared by mammalian species, primitively prompting heightened perceptual processing and reflex mobilization for action to appetitive or threatening (...) survival cues. As the field moves forward with increasingly sophisticated measurement technology and assessing more complex affective functioning, scientific understanding of human emotion will proceed best within the framework of this mammalian brain model. (shrink)

In this paper, I take a prominent and plausible conception of virtues from the Western tradition, apply it to some early Confucian texts, and see where it succeeds and fails. In this way, I hope to be able to show how this conception of virtues needs to be revised. The particular conception of virtues I am starting with is one of virtues as correctives that was made prominent by Philippa Foot in her paper “Virtues and Vices.” On Foot’s account, “the (...) virtues are corrective, each one standing at a point at which there is some temptation to be resisted or deficiency of motivation to be made good.” This conception captures certain aspects of the virtues. However, I demonstrate that virtues that are often thought of as correctives are not best characterized in this way, at least on the general understanding of correctives. I do this in two ways. First I show that being a corrective is only a contingent feature of these virtues. Second, I demonstrate that ‘self-love’, which carries many similarities to other so-called corrective virtues, is a plausible candidate for the status of virtue while not being a corrective, even in a contingent way. This claim about the plausibility of ‘self-love’ as a virtue is one that Foot explicitly denies. In addition, I show that there is another class of virtues that the idea of virtues as correctives completely misses. I will call this class of virtues ‘inclinational virtues.’ Finally, I explain why expecting the notion of a corrective to accommodate the idea of inclinational virtues is unwise. (shrink)

The work of the German philosopher Manfred Frank has profoundly affected the direction of the contemporary debate in many areas of philosophy and literary theory. This present collection, first published in 1998, brings together some of his most important essays, on subjects as diverse as Schleiermacher's hermeneutics, the status of the literary text, and the response to the work of Derrida and Lacan. Frank shows how the discussions of subjectivity in recent literary theory fail to take account of important (...) developments in German Idealist and Romantic philosophy. The prominence accorded language in literary theory and analytic philosophy, he claims, ignores key arguments inherited from Romantic hermeneutics, those which demonstrate that interpretation is an individual activity never finally governed by rules. Andrew Bowie's introduction situates Frank's work in the context of contemporary debates in philosophy and literary theory. (shrink)

Scalar utilitarianism, a form of utilitarianism advocated by Alastair Norcross, retains utilitarianism's evaluative commitments while dispensing with utilitarianism's deontic commitments, or its commitment to the existence or significance of moral duties, obligations and requirements. This article disputes the effectiveness of the arguments that have been used to defend scalar utilitarianism. It is contended that Norcross's central ‘Persuasion Argument’ does not succeed, and it is suggested, more positively, that utilitarians cannot easily distance themselves from deontic assessment, just as long as scalar (...) utilitarians admit – as they should do – that utilitarian evaluation generates normative reasons for action.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Should Utilitarianism Be Scalar?Volume 25, Issue 1GERALD LANG DOI: https://doi.org/10.1017/S0953820812000295Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Should Utilitarianism Be Scalar?Volume 25, Issue 1GERALD LANG DOI: https://doi.org/10.1017/S0953820812000295Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Should Utilitarianism Be Scalar?Volume 25, Issue 1GERALD LANG DOI: https://doi.org/10.1017/S0953820812000295Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

“Listening to music” and “listening to sound recordings” have become perfectly synonymous in our society. The aim of this paper is to question the legitimacy of this supposed equivalence, which almost all listeners have taken for granted. Our sonic universe is saturated with recorded sounds: what space does it leave to music? What reasons could justify a radical distinction, or even opposition, between the exposure to recorded sounds and musical activity in the strict sense of the word? According to tried (...) and tested phenomenological method, through conscious attention to what appears, we return “to the matters themselves”: namely, the conditions under which sonorities can become music. After a first, introductive part reflecting the exceptional marginality of recording in mankind’s musical history, the second part of the study sketches a phenomenological description of a genuine musical process; the final part examines the consequences of sound registration with regard to such a process and to various aspects of music making and listening to music. It is thereby shown that recordings are by no means a vector of democratizing musical culture. (shrink)

In recent years, interest in pre-reflective self-consciousness has increased significantly. One of the central points of inquiry is whether pre-reflective self-consciousness ubiquitously accompanies phenomenal consciousness. This paper explores a phenomenological justification for the thesis that pre-reflective self-consciousness ubiquitously accompanies phenomenal consciousness. Allegedly, the ubiquity of pre-reflective self-consciousness can be proved on the basis of phenomenological description. The aim of this paper is to develop a new objection against this justification of the ubiquity thesis.

This essay argues that persons not only have nonconceptual bodily self-awareness and nonconceptual mental anonymous self-awareness but also, at least if they produce the expression ‘I’, nonconceptual mental egological self-awareness. It contains information of ‘I’ being produced by oneself. It is argued that this can be seen if we examine the constitution of referential self-consciousness, i.e. the consciousness of being the referent of ‘I’ oneself. The main argument is: A. It is not possible to explain the constitution of referential self-consciousness (...) if it is not assumed that persons have nonconceptual mental egological self-awareness. B. It is possible to explain the constitution of referential self-consciousness if it is assumed that persons have nonconceptual mental egological self-awareness. C. Thus it is reasonable to assume that persons have nonconceptual mental egological self-awareness. The justification of the thesis that persons have nonconceptual mental egological self-awareness is presented while discussing Tomis Kapitan’s analysis of conceptual egological self-consciousness. Conceptual egological self-consciousness contains infor­mation of being a subject oneself. It is argued that it is not possible to explain the constitution of referential self-consciousness with the help of Kapitan’s interpretation of conceptual self-consciousness. However, it is possible to ex­plain the constitution of referential self-consciousness within the framework of Kapitan’s account if it is assumed that persons have nonconceptual mental egological self-awareness. (shrink)

Cameroon’s post-independence era has so far been marked by an upsurge in the number of Christian churches. This proliferation of Catholic, Protestant, and Pentecostal churches is probably the product of the heightened desire for spirituality. These churches, according to public opinion, are expected to be epicenters of good moral values and Christian behavior. Unfortunately, this has not always been the case. The present article seeks to point out that the establishment and growth of some indigenous denominations has been impacted by (...) corruption. The Presbyterian Church in Cameroon is a case in point. This article draws extensively from archival and oral sources and seeks to examine the causes and manifestations of corruption in the PCC. It also examines the effects of corruption on the Church and provides some recommendations to address this. The article concludes that Church elections, Church property, Church management, and integrity in leadership are crucial issues within the PCC around which corruption rotates. Hence, it suggests a multidimensional anti-corruption approach as the way out. (shrink)

One Rawlsian response to G. A. Cohen’s criticisms of justice as fairness which Cohen canvasses, and then dismisses, is the 'Freedom Objection'. It comes in two versions. The 'First Version' asserts that there is an unresolved trilemma among the three principles of equality, Pareto-optimality, and freedom of occupational choice, while the 'Second Version' imputes to Rawls’s theory a concern to protect occupational freedom over equality of condition. This article is mainly concerned with advancing three claims. First, the 'ethical solution' Cohen (...) advances against the First Version of the Freedom Objection does not grant a fair hearing to the Freedom Objection. Second, the distinction Cohen presses between the legal and moral right of occupational choice in his response to the Second Version cannot save him from worries about Stalinist coercion. Third, Cohen’s response to the First Version of the Freedom Objection is actually in tension with his response to the Second Version of the Freedom Objection. (shrink)

In Krifka (2001) I argued that three distinct phenomena of question semantics – alternative questions like Did it rain or not?, multiple constituent questions with pair-list readings like Who bought what? and the focus patterns of answers to constituent questions – cannot be dealt with adequately within the framework of Alternative Semantics. In Krifka (to appear) I argue that Alternative Semantics also is problematic as a framework for focus semantics in general; in particular, it makes wrong predictions in case focus (...) occurs in syntactic islands. (shrink)

There are a number of well-known restrictions for the Dative Alternation (cf. Green (1974), Oehrle (1976), Gropen, Pinker, Hollander, & Goldberg (1989), Pinker (1989), Pesetsky (1992), Levin (1993). I will show that several of the low-level semantic restrictions are consequences of a more general one involving the incorporation of a manner component into the meaning of the verb. These restrictions can be explained by assuming two distinct representations of verbs participating in the Dative Alternation: The PO frame expresses movement of (...) an object t o a g o a l , the DO frame implies a change of possession. I will argue that these restrictions cannot be expressed in a syntactic representation of lexical meaning as in Pinker (1989) and Hale & Keyser (1993). (shrink)

Defence cases with an escalatory structure, in which the levels of violence between aggressor and defender start out as minor and then become major, even lethal, raise sharp problems for defence theory, and for our understanding of the conditions of defence: proportionality, necessity, and imminence. It is argued here that defenders are not morally required to withdraw from participation in these cases, and that defensive escalations do not offend against any of the conditions of defence, on an adequate understanding of (...) them. No plausible interpretation of proportionality or necessity excludes defensive permissions in escalatory cases. Moreover, the structure of escalatory defensive cases also sheds useful light on permissible responses to conditional deadly threats. This is because we can analyse conditional deadly threats as disguised cases of escalation. Because defensive resistance is permissible in escalatory cases, it is also permissible in cases involving conditional deadly threats. (shrink)

People everywhere search for answers by using the resources of their traditions. They wish to do so in a legitimate way, and so they consult official institutions, specialists, and skilled individuals for their opinions; regardless of religious or cultural contexts, the common aim of these experts is to produce security, unity, and trust. Therefore, the norm-finding processes in Islamic and Western contexts share fundamental similarities: the problem of finding a final ground for judgment, the strategies of constructing coherence and of (...) organizing consensus, and the difficulties of obtaining legitimacy. What makes one debate "Islamic" and the other one "Western" is the different semantic materials, the different authorities, the different languages, and the different juridical frameworks. In my comparison of Muslim and Western discourses and practices, I conclude that Muslim and non-Muslim scholars tend to overemphasize the uniqueness of Muslim legal and practical responses to bioethical challenges, because they restrict their purview to legal opinions, ignoring larger dynamics of legitimization. (shrink)

The ArgumentAmerican eugenics developed out of a cultural tradition independent of medicine. However, the eugenicist Harry Hamilton Laughlin and some legal experts involved in eugenic practice in the United States used medical language in discussing and evaluating enforced eugenic sterilizations. They built on medicine as a model for healing, while at the same time playing down medicine's concern with its traditional client: the individual patient. Laughlin's attitude toward medicine was ambivalent because he wanted expert eugenicists, rather than medical experts, to (...) control eugenic practice. In contrast, legal experts saw eugenics as an integral part of medicine, though one expert challenged basing the judicial system on eugenically minded medicine. All in all, the medicalization of American eugenics involved expanding the scope of medicine to include the mutilation of individuals for the benefit of society. The judicial system was medicalized in that an expanded medicine became the basis of legislation in the thirty states that permitted eugenic sterilizations. (shrink)

This paper argues that Han Fei provides us with a theory of punishment that needs not rely upon any sort of moral justification. Furthermore, feelings, including those of disgust, resentment, and anger, are completely irrelevant to the question of punishment. Rather, punishment is simply seen as a mechanistic tool that is employed when some aspect of the political system breaks down, such as when a minister’s proposals do not match their deeds or their deeds do not match their job description. (...) These ideas are quite closely tied to his views on desert, a concept of desert quite different from what we see in the West. Not only does his view lack certain elements that Western desert theorists such as Joel Feinberg consider essential to the very concept of desert, he is quite conscious of this lack and provides a defense of his view. In particular, he offers a conception of desert that does not require that it be conceptually and morally prior to social institutions. As such, Han Fei provides us with a unique lens through which to analyze punishment and its justification that is importantly different from either retributivist or consequentialist justifications. (shrink)

The study of genocide and mass atrocity abounds with references to emotions: fear, anger, horror, shame and hatred. Yet we don't understand enough about how 'ordinary' emotions behave in such extreme contexts. Emotions are not merely subjective and interpersonal phenomena; they are also powerful social and political forces, deeply involved in the history of mass violence. Drawing on recent insights from philosophy, psychology, history, and the social sciences, this volume examines the emotions of perpetrators, victims, and bystanders. Editors Thomas Brudholm (...) and Johannes Lang have brought together an interdisciplinary group of prominent scholars to provide an in-depth analysis of the nature, value, and role of emotions as they relate to the causes and dynamics of mass atrocities. The result is a new perspective on the social, political, and moral dimensions of emotions in the history of collective violence and its aftermath. (shrink)

Philippa Lang - Medicine and Philosophy in Classical Antiquity: Doctors and Philosophers on Nature, Soul, Health and Disease - Journal of the History of Philosophy 45:1 Journal of the History of Philosophy 45.1 151-152 Muse Search Journals This Journal Contents Reviewed by Philippa Lang Emory University Philip van der Eijk. Medicine and Philosophy in Classical Antiquity: Doctors and Philosophers on Nature, Soul, Health and Disease. Cambridge-New York: Cambridge University Press, 2005. Pp. xiv + 404. Cloth, $95.00. This immaculately (...) edited volume usefully collects ten significant articles by van der Eijk, together with one chapter based on other previously published material. They appear here slightly revised,.. (shrink)

The critique of capitalism is the bedrock on which rests the reputation of Frankfurt School critical theory. Though critical theory has often been heralded – or criticized and rejected – as a reformulation of Marxian theory for our times, its relation with the critique of political economy, and in particular the economic treatises, has barely been studied. Friedrich Pollock, who was Max Horkheimer’s lifelong friend and close associate at the Institute for Social Research, was responsible for all administrative and financial (...) questions, but he wrote few theoretical essays and Wiggershaus calls him ‘the last unknown member of the Frankfurt School’. Nevertheless this article asks whether not only has his influence on early critical theory been sorely underestimated, but also his impact on the late philosophies of Horkheimer, Adorno and Marcuse. (shrink)

In his contribution to the Journal of Medical Ethics, Joseph Mazor1 makes a logical case, based on the premises underlying his reasoning, for his article's primary thesis: he concludes that parents have the prerogative to determine the ‘best interests’ of their infant son in a circumcision decision. If the facts of the matter were ultimately no different from what he adduces, one could admit the soundness of his argument. But the paper is flawed by some questionable assumptions and grievous incompleteness.First, (...) the author insufficiently explores the profound implications of a serious equivocation in the term ‘circumcision’ that is common throughout the literature. He does superficially reference the article on ‘Circumcision’ in The Jewish Encyclopedia, which describes in detail the actual steps involved in brit milah versus brit periah.2 Despite this general allusion, though, he hardly discusses the matter further, as though the distinction were practically irrelevant. It does have fundamental import, however. Milah is merely a token clip of the very tip of the prepuce, which leaves most of the organ system intact. This was evidently the version practiced in biblical times under the old Abrahamic–Mosaic covenant, before the Talmudic guardians of Judaic ethnic and religious identity proposed a means to prevent Hellinising Jewish men from attempting foreskin restoration by stretching their remaining preputial tissue forward. The rabbis mandated the replacement of milah with the more drastic procedure of periah, a radical surgery that cuts and tears from the penis its entire covering, leaving the glans irreversibly denuded. Unlike traditional milah, the innovation of periah necessarily has significant adverse consequences .Second, Mazor concedes that circumcision might cause a ‘moderate’ reduction of sexual pleasure in the lad's …. (shrink)

Steinhoff defends the moral and legal permissibility of torture in a limited range of circumstances. This article criticizes Steinhoff’s arguments. The analogy between ordinary defensive violence and defensive torture which Steinhoff argues for is partly spoiled by the presence, within defensive torture, of opportunistic harm, in addition to eliminative harm. Steinhoff’s arguments that the mere legalization of defensive torture would not metastasize into a more full-fledged institutionalization of torture are also found wanting. As a minimal form of institutionalization, the mere (...) legalization of torture would already be at risk of further entrenchment and growth. (shrink)