The question addressed here is whether evidence concerning defendants' past criminal records should be introduced at their trials because such evidence reveals their character and thus reveals whether they are the kinds of persons likely to have committed the crimes with which they are currently charged. I strongly caution against the introduction of such evidence for a number of reasons. First, the link between defendants' past criminal records and claims about their standing dispositions to think and act is tenuous, at (...) best. Second, noncharacter, or trace, evidence should have primacy in determining the guilt or innocence of defendants. Third, character evidence will vary in its freshness and specificity. Other things being equal, only relatively fresh and specific character evidence has probative value. Moreover, such evidence will have greater probative value in criminal cases where the issue before the court is whether a crime has been committed than in cases where the issue is whether it was the defendant who committed the crime. Finally, we might be more sanguine about the introduction of fresh and specific character evidence under conditions likely to work against its misuse or misinterpretation. However, the relevant conditions may not often be satisfied in the real world of criminal trials and defendants. (shrink)

Offering a collection of fifteen essays that deal with issues at the intersection of phenomenology, logic, and the philosophy of mathematics, this 2005 book is divided into three parts. Part I contains a general essay on Husserl's conception of science and logic, an essay of mathematics and transcendental phenomenology, and an essay on phenomenology and modern pure geometry. Part II is focused on Kurt Godel's interest in phenomenology. It explores Godel's ideas and also some work of Quine, Penelope Maddy and (...) Roger Penrose. Part III deals with elementary, constructive areas of mathematics. These are areas of mathematics that are closer to their origins in simple cognitive activities and in everyday experience. This part of the book contains essays on intuitionism, Hermann Weyl, the notion of constructive proof, Poincaré and Frege. (shrink)

The mere exposure phenomenon (repeated exposure to a stimulus is sufficient to improve attitudes toward that stimulus) is one of the most inspiring phenomena associated with Robert Zajonc’s long and productive career in social psychology. In the first part of this article, Richard Moreland (who was trained by Zajonc in graduate school) describes his own work on exposure and learning, and on the relationships among familiarity, similarity, and attraction in person perception. In the second part, Sascha Topolinski (a recent (...) graduate who never met Zajonc, but found his ideas inspirational) describes his own work concerning embodiment and fluency in the mere exposure effect. Also, several avenues for future research on the mere exposure phenomenon are identified, further demonstrating its continuing relevance to the field. (shrink)

Theories of Truth provides a clear, critical introduction to one of the most difficult areas of philosophy. It surveys all of the major philosophical theories of truth, presenting the crux of the issues involved at a level accessible to nonexperts yet in a manner sufficiently detailed and original to be of value to professional scholars. Kirkham's systematic treatment and meticulous explanations of terminology ensure that readers will come away from this book with a comprehensive general understanding of one of philosophy's (...) thorniest set of topics. -/- Included are discussions of the correspondence, coherence, pragmatic, semantic, performative, redundancy, appraisal, and truth-as-justification theories. There are also chapters or sections of chapters on the liar paradox, three-valued logic, Field's critique of Tarski, Davidson's program, Dummett's theory of linguistic competence, satisfaction, recursion, the extension/intension distinction, and an explanation of how theories of justification, properly understood, differ from theories of truth. -/- A persistent theme is that philosophers have too often failed to recognize that not all theories of truth are intended to answer the same question. When the various questions are made distinct, it is apparent that many of the "debates" in this field are really cases of philosophers talking past one another. There is much less disagreement within the field than has commonly been thought. (shrink)

Arguing against most scholars of business ethics who have articulated a set of moral principles and applied them to problems faced by business people, Richard Lippke steers away from offering moral directives. In Radical Business Ethics, he develops a more comprehensive perspective on business issues that is tied to larger questions of social justice. Analyzing a select group of timely issues such as advertising, employee privacy, and insider trading in the context of debates about the nature of the just (...) society, Lippke argues that the most plausible theory of justice is one whose implications are highly critical of many features of advanced capitalist societies. Radical Business Ethics will be an eye-opening book for students and scholars of ethics, and anyone interested in the role business plays in a just society. (shrink)

The claim that visually masked, unidentifiable words are analyzed at the level of whole word meaning has been challenged by recent findings indicating that instead, analysis occurs mainly at the subword level. The present experiments examined possible limits on subword analysis. Experiment 1 obtained semantic priming from pleasant- and unpleasant-meaning subliminal words in which no individual letter contained diagnostic information about a word’s evaluative valence; thus analysis must operate on information more complex than that contained in individual letters. Experiments 2 (...) and 3 showed that analysis must operate on information more complex than that represented by individual bigrams or trigrams . These findings suggest that while subliminal priming is driven by subword analysis, the effective units of analysis are distributed widely across at least short words. (shrink)

Given the desert-centric character of retributive penal theory, it seems odd that its supporters rarely discuss the undeserved losses and suffering of crime victims and the state’s role in responding to them. This asymmetry in the desert-focus of retributive penal theory is examined and the likely arguments in support of it are found wanting. Particular attention is paid to the claim that offenders, rather than the state, should supply compensation to victims. Also, standard retributive accounts of why the deserving should (...) be punished are shown to support state-supplied victim compensation. (shrink)

Numerous retributivists hold that deserved punishment has intrinsic value. A number of puzzles regarding that claim are identified and discussed. An alternative, more Kantian account of intrinsic value is then identified and the ways in which legal punishment might be understood to cohere with it are explored. That account focuses on the various ways in which legal punishment might be persons-respecting. It is then argued that this Kantian account enables us to solve or evade the puzzles generated by the other (...) intrinsic value account. (shrink)

Very few scholars discuss the moral basis of the right of persons accused of crimes to be supplied with attorneys if they cannot afford them. More discussion of the topic is needed, in particular because political theorists who prefer a minimal state deny that indigent persons have such a moral right. This article addresses their contentions by developing three arguments for supplying poor persons accused of crimes with defense attorneys. First, doing so will prevent state officials from becoming emboldened in (...) their dealings with the poor, such that they might come to pose a threat to the non-poor. Second, poor persons who believe that the state does not treat them fairly will have reduced incentives to abide by the law, which will, in turn, increase the cost of the minimal state. Third, the better off should show solidarity with the poor in demanding that the minimal state honor all citizens’ rights to life, liberty, and property. Crucial to these arguments is the claim that a right of indigent defense is unlike other welfare rights in that securing it protects other basic moral rights that minimal statists acknowledge. (shrink)

Nature, God and Humanity clarifies the task of forming an ethics of nature, thereby empowering readers to develop their own critical, faith-based ethics. Calling on original, thought-provoking analyses and arguments, Richard L. Fern frames a philosophical ethics of nature, assesses it scientifically, finds support for it in traditional biblical theism, and situates it culturally. Though defending the moral value of beliefs affirming the radical Otherness of God and human uniqueness, this book aims not to compel the adoption of any (...) particular ethic but rather illumine the contribution diverse forms of inquiry make to an ethics of nature. How does philosophy clarify moral conviction? What does science tell us about nature? Why does religious faith matter? Rejecting the illusion of a single, rationally-compelling ethics, Fern answers these questions in a way that fosters both agreement and disagreement, allowing those holding conflicting ethics of nature to work together for the common good. (shrink)

For more than a decade, American lawyers have bewailed the ethical crisis in their profession, wringing their hands about its bad image. But their response has been limited to spending money on public relations, mandating education, and endlessly revising ethical rules. In this book, Richard Abel will argue that these measures will do little or nothing to solve the problems illustrated by the six disciplinary case studies featured in this book unless the legal monopoly enjoyed by attorneys in the (...) U.S. is drastically contracted. Richard Abel examines some of the most common ethical complaints made about lawyers in Lawyers in the Dock. Using detailed records of disciplinary proceedings, he describes the actions surrounding certain cases based on three of the most common complaints: neglecting the client by failing to pursue cases diligently; overcharging of clients by mystifying billing practices; and betraying adversaries and courts out of excessive loyalty to clients or causes. In this book, Richard Abel will argue that these measures will do little or nothing to solve the problems exposed by his six disciplinary case studies unless structural changes are made to the legal monopoly in order to restore the public trust in lawyers. Lawyers in the Dock is essential reading for lawyers, law students, and potential clients who wish to restore trust and professional responsibility in the legal profession. (shrink)

In this article I show that Kant’s Critique of Pure Reason has as its principal aim to demonstrate that the age-old interests of reason in metaphysics are satisfied not through theoretical knowledge but through a practically-oriented system of reason based on critical principles. The central idea of the system is the highest good in the world conceived as a project to be realized by the human species in the course of history. The dogmatic efforts to attain knowledge of the unconditioned (...) in its three forms as the ideas of the soul, the world and God, are replaced by the critical efforts to realize the highest good as supported by postulates of freedom, immortality and a supreme being required by morality. The concluding chapters of the Critique, mostly ignored by commentators, elaborate on the telos of the critical project. They show that Kant regards critical philosophy as bringing to completion the era of speculative philosophy that began in Greek antiquity and beginning a new epoch of practically-oriented reason that truly satisfies the metaphysical interests of reason. (shrink)

Upshot: Conversational conferences are difficult to design in a way that avoids the consequences that arise when participants are not experienced with or fully value the conversational mode of interaction. So, the designers of such conferences must experiment with ways to build a culture, use a structure, and facilitate participation that might mitigate some of these consequences. The potential of the experimental conference designed in the light of second-order cybernetics lies, in part, in the prospect of identifying and acquiring the (...) conversational abilities and appreciations necessary to support a participative-dialogic society. (shrink)

American Catholicism today struggles to sustain its longtime character as a truly “public religion”—that is, a religious tradition with a vital presence within the public sphere in the US. Reinvigorating Catholicism in the US will require both internal renewal and new approaches to public life, both of which will require continuity with the deep tradition and significant reorientation of ecclesial dynamics. This paper argues that specific, faith-based community organizing practices can help renew the public voice of Catholicism. In adopting such (...) practices and inflecting them through Catholic commitment to theologically coherent processes of leadership formation, American Catholicism can reinvigorate parish life and play a crucial role in reconstructing democracy in the US for a multiracial and multifaith society in the twenty-first century and beyond. (shrink)

After discussing the interests that ground theright to democratic political participation,arguments for the disenfranchisement of thosewho commit serious criminal offenses areexamined. The arguments are divided into twogroups. The first group consists of argumentsthat are relatively independent of thejustifying aims of punishment. It is concededthat two of these arguments establish thatsome, though by no means all, serious offendersshould lose the vote for a period of time thatdoes not necessarily overlap with the durationof the other sanctions visited upon them. Thesearguments also imply (...) that the state isjustified in attempting to exclude theoffenders in question from all forms ofpolitical participation, a position thatarguably runs afoul of moral limits onpunishment. The second group of arguments makesexplicit reference to the justifying aims ofpunishment. None supports the blanketdisenfranchisement of felons, though some mayjustify it in relation to some seriousoffenders for certain periods of time. All ofthe arguments supporting the disenfranchisementof serious offenders are most persuasive on theassumption that they live in reasonably justsocieties that are genuinely democratic. Ifthat assumption is false or questionable, thenit is argued that the force of such argumentsmay be weakened considerably. (shrink)

Two recent discussions concerning punishment of the socially deprived reach conflicting conclusions. Andrew von Hirsch and Andrew Ashworth argue that we should sympathize with the predicament of the poor and therefore mitigate their sentences. Peter Chau disputes von Hirsch and Ashworth’s conclusion, contending that having to face strong temptations is not an appropriate ground for reducing anyone’s punishment for their crimes. I argue that neither von Hirsch and Ashworth’s account nor Chau’s critique of it is persuasive. I then take up (...) the challenge of showing why social deprivation renders punishment problematic. I contend that it establishes a perverse incentive structure that is persistent and powerful, requiring the disadvantaged to exercise self-control on an ongoing basis. Repeated acts of self-control are difficult, especially for youths whose skills at it are not yet fully developed. Also, in a variety of more and less subtle ways, social deprivation reduces the incentives for self-control and may work to stunt its development. In closing, I briefly consider the options for responding to the crimes of the chronically disadvantaged. (shrink)