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)

Richard Tieszen presents an analysis, development, and defense of a number of central ideas in Kurt Gödel's writings on the philosophy and foundations of mathematics and logic. Tieszen structures the argument around Gödel's three philosophical heroes - Plato, Leibniz, and Husserl - and his engagement with Kant, and supplements close readings of Gödel's texts on foundations with materials from Gödel's Nachlass and from Hao Wang's discussions with Gödel. He provides discussions of Gödel's views, and develops a new type of (...) platonic rationalism that requires rational intuition, called 'constituted platonism'. (shrink)

I defend mereological nihilism, the view that there are no composite objects, against a challenge from ontological emergence, the view that some things have properties that are ‘something over and above’ the properties of their parts. As the nihilist does not believe in composite wholes, there is nothing in the nihilist's ontology to instantiate emergent properties – or so the challenge goes. However, I argue that some simples can collectively instantiate an emergent property, so the nihilist's ontology can in fact (...) accommodate emergent properties. Furthermore, I show that employing plural instantiation does not bloat the nihilist's ontology or ideology. (shrink)

In a number of essays published over the last decade or so, W. V. Quine has made some interesting suggestions concerning the ontology of theories. If I understand him correctly, one of his principal objects has been to formulate a criterion by means of which one can correctly decide what are the ontological commitments of any given theory. My aim in this paper is to reveal what I think are inadequacies in Quine's criterion and to indicate the direction in which (...) a proper formulation lies. (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)

The purpose of this paper is to examine the distinction between "negative" and "positive" duties. Special attention will be given to certain criticism raised against this distinction by Michael Tooley.

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)

The United States relies on uncompensated family caregivers to provide most of the long-term care required by older adults as they age. But such care comes at a significant financial cost to these caregivers in the form of lower lifetime earnings and diminished Social Security retirement benefits, ineligibility for Medicare coverage of their healthcare costs, and minimal retirement savings. To reduce the impact of uncompensated caregiving on the intergenerational transmission of poverty, this paper discusses three possible mechanisms of compensating family (...) caregivers: public payments, deemed wage credits under Social Security, and income tax incentives. (shrink)

The coding function of semiotic-systems in literature is explored as an example of Umberto Eco’s real and fictional protocols in the play of discourse formation (lector in fabula). The intricate phenomenological levels of intersemiotic translation (apposition, opposition, chiasm, zeugma) are illustrated by analyzing a rhetorical passage (semiotic object) from Charles Dickens’ novel Bleak House. The passage on the logic of series (“lists”) allows us to explore fact/fiction, real/imaginary, normal/abnormal, sane/insane, neurotic/psychotic choices as discourse voice protocols (active, middle, passive) for the (...) axiological interpretation (ethic, moral, aesthetic, politic, and rhetoric) of meaning formation (tropes) and signification function (figures). Models of discourse are drawn from Benveniste, Foucault, Greimas, Lévi-Strauss, and Wilden. (shrink)

Those found liable for negligently injuring others are required to compensate them, but current practices permit most tort feasors to spread the costs of their liability burdens through the purchase of insurance. Those found guilty of criminal offences, however, are not allowed to shift the burdens of their sentences onto others. Yet the reasons for not allowing criminal offenders to shift such burdens – harm reduction, retribution, and moral education – also appear to retain some force in relation to negligent (...) tort feasors. Arguments for and against limiting the abilities of negligent tort feasors to spread such costs, thus imposing a penalty on them, are discussed. The conclusion reached is that further consideration of such a penalty is warranted. (shrink)

It is well documented that the effects of legal punishment tend to drift to the family members, friends, and larger communities of convicted offenders. Instead of conceiving of punishment drift as incidental to legal punishment, or as merely foreseen but not intended by state authorities and thus permissible, I argue that efforts ought to be undertaken to limit or ameliorate it. Failure to confine punishment drift comes perilously close to punishment of the innocent and is at odds with other legal (...) doctrines and broader penal practices that hold offenders, and offenders alone, responsible for their crimes. Numerous arguments urging tolerance of punishment drift, or more assertively defending it, are examined and found wanting. (shrink)

The noetic model is the first theory of any kind to explain qualia in physical terms. The formal delineation of the life principle or élan vital explains not only the origin of self-organisation in living systems, providing the basis for the first comprehensive dualist theory, but also is what makes the model empirically testable allowing this volume to make history. The floodgates are about to open to almost unimaginable advances in the field of consciousness studies. This book introduces a comprehensive (...) empirically testable model of dualism-interactionism to legitimise the interactionist model at a level tantamount to any other avenue of epistemological investigation. (shrink)

Here is an in-depth look at the role myth, mortality, and religion play in J. R. R. Tolkien's works such as The Hobbit, The Lord of the Rings, and The Silmarillion -- including Tolkien's private letters and revealing opinions of his own work. Richard L. Purtill brilliantly argues that Tolkien's extraordinary ability to touch his readers' lives through his storytelling -- so unlike much modern literature -- accounts for his enormous literary success. This book demonstrates the moral depth in (...) Tolkien's work and cuts through current subjectivism and cynicism about morality. A careful reader will find a subtle religious dimension to Tolkien's work -- all the more potent because it is below the surface. Purtill reveals that the author's fantasy stories creatively incorporate profound religious and ethical ideas. For example, Purtill shows us how hobbits reflect both the pettiness of unimaginative parochial humanity and the unexpected heroism of ordinary people in crisis. Purtill effectively addresses larger issues of the place of myth, the relation of religion and morality to literature, the relation of Tolkien's work to traditional mythology, modern fantasy and science fiction, and the lessons Tolkien's work teaches that are applicable to our own lives. Book jacket. (shrink)

Benardete reads Aristotle as Socratic dialectician writing in treatise form. The sciences of various subject matters appear at first separate (like Platonic eide) but they contain diverging accounts of being, nature, and the soul, which demand to be put together by the reader. De Anima abstracts from the soul as such in order to treat the soul “precisely.” This places limits on the unfolding of problems in phantasia and the heterogeneity of mind and being. As prelude to first philosophy, De (...) Anima raises but does not answer the question: how are the being of thinking and the being of beings related? (shrink)

We present a detailed process theory of the moment‐by‐moment working‐memory retrievals and associated control structure that subserve sentence comprehension. The theory is derived from the application of independently motivated principles of memory and cognitive skill to the specialized task of sentence parsing. The resulting theory construes sentence processing as a series of skilled associative memory retrievals modulated by similarity‐based interference and fluctuating activation. The cognitive principles are formalized in computational form in the Adaptive Control of Thought–Rational (ACT–R) architecture, and our (...) process model is realized in ACT–R. We present the results of 6 sets of simulations: 5 simulation sets provide quantitative accounts of the effects of length and structural interference on both unambiguous and garden‐path structures. A final simulation set provides a graded taxonomy of double center embeddings ranging from relatively easy to extremely difficult. The explanation of center‐embedding difficulty is a novel one that derives from the model' complete reliance on discriminating retrieval cues in the absence of an explicit representation of serial order information. All fits were obtained with only 1 free scaling parameter fixed across the simulations; all other parameters were ACT–R defaults. The modeling results support the hypothesis that fluctuating activation and similarity‐based interference are the key factors shaping working memory in sentence processing. We contrast the theory and empirical predictions with several related accounts of sentence‐processing complexity. (shrink)

First, this article summarizes major arguments levied against codes. Second, standards for a sound ethical code are presented. Third, a trend is described toward more concrete codes developed by specific communication organizations. Finally, positive functions of codes are examined, with special emphasis on two: the argumentative function and the character?depiction function.

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)

The dominant approach to the analysis of issues in business ethics consists in the articulation and use of a set of mid-level moral principles. This approach is geared to business practitioners who are not interested in the difficult problems of moral and political theory. I argue that this "practitioner model" is philosophically suspect. I show how the theoretical frameworks prominent business ethicists employ are insufficiently developed. I also show how many of their analyses presuppose substantive views about issues of social (...) justice which they rarely defend or acknowledge. Since no neutral position on these issues is available, I argue that the only alternative is to address the problems such issue's raise for the analysis of institutions and the conduct of persons acting under those institutions. I offer suggestions about how we can develop a more philosophically defensible approach to business ethics. (shrink)

The contributions in the book examine the historical and contemporary manifestations of organized crime, the symbiotic relationship between legitimate and ...

In a recent paper Anthony Flew gives an argument which can be outlined as follows: 1. Any attempt to give a ‘free will defence’ must be based either on a compatibilist notion of free will or a libertarian, incompatibilist, notion of free will. 2. A free will defence based on a compatibilist notion of free will must fail, for on a compatibilist view of free will, God could make creatures who were free but never chose evil. 3. A free will (...) defence based on a libertarian notion of free will might have other difficulties, but on a libertarian view of free will God could not both leave men free and bring it about that they never chose evil. 4. But a free will defence based on an incompatibilist, libertarian notion of free will can be rejected, since: It is not clear that the ordinary use of such key terms as ‘action’ and ‘choice’ carry any implications of libertarian free will. If such terms did carry the implication of libertarian free will it becomes hard to see how anyone could be in a position to know that a choice had been made or an action performed. The possession of libertarian free will by created beings seems to be incompatible with the essential theistic doctrine that all created beings are always utterly dependent on God as their sustaining cause. 5. Therefore the free will defence fails. (shrink)