The international rule of law hinges on the existence of a shared lexicon accepted by states and other actors in the international system. With no independent judicial system capable of determining the meaning of words and concepts, states must develop shared interpretations of the law and the concepts and terms it relies on, and be willing to abide by those shared interpretations. When such shared interpretations exist, key aspects of the rule of law can be present even in the absence (...) of an international judicial system; state behavior can be reasonably predictable, nonarbitrary, and transparent; and accountability can also be possible, albeit mainly through nonjudicial mechanisms. (shrink)

This new translation presents the _Analects_ in a revolutionary new format that, for the first time in any language, distinguishes the original words of the Master from the later sayings of his disciples and their followers, enabling readers to experience China's most influential philosophical work in its true historical, social, and political context.

Artificial intelligence research has foundered on the issue of representation. When intelligence is approached in an incremental manner, with strict reliance on interfacing to the real world through perception and action, reliance on representation disappears. In this paper we outline our approach to incrementally building complete intelligent Creatures. The fundamental decomposition of the intelligent system is not into independent information processing units which must interface with each other via representations. Instead, the intelligent system is decomposed into independent and parallel activity (...) producers which all interface directly to the world through perception and action, rather than interface to each other particularly much. The notions of central and peripheral systems evaporateeverything is both central and peripheral. Based on these principles we have built a very successful series of mobile robots which operate without supervision as Creatures in standard office environments. (shrink)

What are the functional units of the brain? If the function of the brain is to process information-carrying signals, then the functional units will be the senders and receivers of those signals. Neurons have been the default candidate, with action potentials as the signals. But there are alternatives: synapses fit the action potential picture more cleanly, and glial activities (e.g., in astrocytes) might also be characterized as signaling. Are synapses or nonneuronal cells better candidates to play the role of functional (...) units? Will informational signaling still be the best model for brain function if we move beyond the neuron doctrine? (shrink)

Most philosophers reject what we might call "penal pluralism": the idea that punishment can and should encompass multiple penal goals or principles. This is rejected because it is often held that different penal goals or principles will conflict: the goal of punishing an offender to the degree deserved may differ and even undermine the goal of enabling deterrence or rehabilitation. For this reason, most philosophers argue that we must make a choice, such as choosing between retribution and its alternatives. In (...) "Some Remarks on Punishment," F. H. Bradley re-examines the justification of punishment in light of a critique of Darwinism's importance for ethics. My primary focus is on how Bradley's substantive discussion of punishment only because it is here that this article's arguments have most relevance for us today. (shrink)

Although the problem of adaptiveness plays an important motivating role in her work on human capabilities, Martha Nussbaum never gives a clear account of the controversial concept of adaptive preferences on which she relies. In this paper, I aim both to reconstruct the most plausible account of the concept that may be attributed to Nussbaum and to provide a critical appraisal of that account. Although her broader work on the capabilities approach moves progressively towards political liberalism as time passes, I (...) aim to show that her account of adaptive preferences continues to maintain her earlier commitment to perfectionism about the good. I then distinguish between two obligatory kinds of respect for persons, which I call, respectively, primary and secondary recognition respect. This distinction allows us to see that her perfectionist account of adaptive preferences allows her to show persons primary but not secondary recognition respect. Ultimately, I claim that an acceptable account of adaptive prefer.. (shrink)

Despite its pervasiveness, the concept of ‘levels of organization’ has received relatively little attention in its own right. I propose here an emerging approach that posits ‘levels’ as a fragmentary concept situated within an interest-relative matrix of operational usage within scientific practice. To this end I propose one important component of meaning, namely the epistemic goal motivating the term’s usage, which recovers a remarkably conserved and sufficiently unifying significance attributable to ‘levels’ across different instances of usage. This epistemic goal, to (...) provide structure to scientific problems, delegates tasks whose execution generates the term’s expressed content in a given instance. This treatment of levels does not diminish the concept’s general importance to science, but rather allows for its use in, and usefulness for, scientific practice to be better contextualized to particular tasks encompassing varying breadths of activity. (shrink)

Most animals have significant behavioral expertise built in without having to explicitly learn it all from scratch. This expertise is a product of evolution of the organism; it can be viewed as a very long term form of learning which provides a structured system within which individuals might learn more specialized skills or abilities. This paper suggests one possible mechanism for analagous robot evolution by describing a carefully designed series of networks, each one being a strict augmentation of the previous (...) one, which control a six legged walking machine capable of walking over rough terrain and following a person passively sensed in the infrared spectrum. As the completely decentralized networks are augmented. the robot’s performance and behavior repetoire demonstrably improve. The rationale for such demonstrations is that they may provide a hint as to the requirements for automatically building massive networks to carry out complex sensory-motor tasks. The experiments with an actual robot ensure that an essence of reality is maintained and that no critical disabling problems have been ignored. (shrink)

The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...) unified theories) with an additional section on capital punishment, perhaps the particular form of punishment that has received the most sustained philosophical attention. These theories of punishment address two important questions: first, who should be permitted to punish and, secondly, who should be permitted to be punished. These questions then concern the justification of punishment and its distribution. While the majority today often identifies their theories as retributivist, there is a great diversity of theories defended. This entry will highlight the leading work for each view. (shrink)

Punishment is a topic of increasing importance for citizens and policy makers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment offering a new and refreshing approach that will benefit readers of all backgrounds and interests. This is the first critical guide to examine all leading contemporary theories of punishment, (...) including the communicative theory of punishment, restorative justice, and the unified theory of punishment. There are also several case studies examined in detail including capital punishment, juvenile offending, and domestic abuse. -/- Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and groundbreaking. -/- Introduction; Retributivism; Deterrence; Rehabilitation; Restorative Justice; Rawls, Hart, and "mixed" theories; Expressivism; The Unified Theory; Capital Punishment; Juvenile Offending; Domestic Abuse; Sexual Crimes; Conclusion; Index. (shrink)

Global justice as a field must confront a central problem: how global is global justice? A defining feature about the burgeoning literature in global justice is its operation within a bounded, philosophical tradition. Global justice research is too often a product of one tradition in self-isolation from others that nonetheless claims to speak for what is best for all. This criticism applies to various philosophical traditions whether so-called “analytic,” “Continental” or others. The problem is that each tradition too often works (...) independently from others to construct new ideas about the promotion of global justice: these ideas are designed by some for application to all. “Global” justice may have an international reach, but it too often lacks a more global character. The development of a more global approach to global justice raises several vexing questions. What does it mean to have a “global” approach to global justice? How “global” should any such approach be? And how can a coherent and compelling model for it be constructed? This chapter develops a new approach for a more distinctly global view of global justice: the idea of global philosophy. Most approaches to global justice are developed within bounded philosophical traditions. One problem is that each offers contributions to global justice that is constricted by the narrow bounds of their particular tradition. The issue is not only that global justice may be overly culturally-specific, but rather that bounded traditions close off important resources for addressing philosophical problems that can be accessed through closer engagement with other philosophical traditions. A global philosophy is then a more “unbound philosophy” better suited for a globalized world. Our world is ever-changing with ideas and people travelling as never before. It is time for philosophy to catch up with these developments and this chapter will explain why and how. (shrink)

In order to build autonomous robots that can carry out useful work in unstructured environments new approaches have been developed to building intelligent systems. The relationship to traditional academic robotics and traditional artificial intelligence is examined. In the new approaches a tight coupling of sensing to action produces architectures for intelligence that are networks of simple computational elements which are quite broad, but not very deep. Recent work within this approach has demonstrated the use of representations, expectations, plans, goals, and (...) learning, but without resorting to the traditional uses, of central, abstractly manipulable or symbolic representations. Perception within these systems is often an active process, and the dynamics of the interactions with the world are extremely important. The question of how to evaluate and compare the new to traditional work still provokes vigorous discussion. (shrink)

Why should we avoid incoherence? An influential view tells us that incoherent combinations of attitudes are such that it is impossible for all of those attitudes to be simultaneously vindicated by the evidence. But it is not clear whether this view successfully explains what is wrong with certain akratic doxastic states. In this paper I flesh out an alternative response to that question, one according to which the problem with incoherent combinations of attitudes is that it is impossible for all (...) of those attitudes to be simultaneously knowledgeable. This alternative response explains what is wrong with akratic combinations of attitudes using commonly accepted epistemological theses. The paper still shows how this proposal is able to explain the badness of incoherent combinations involving the absence of attitudes, suspended judgment and credence. These explanations deploy the notions of knowledge and being in a position to know, instead of the notion of responding properly to the evidence. Finally, I suggest that this picture can be generalized to the realm of practical rationality as well. (shrink)

In an historic moment in Dutch politics, the entire cabinet left the House of Representatives during a debate due to extreme right politician Thierry Baudet's conspiracy-laden speech. After espousing a variety of conspiratorial claims, Baudet accused the Minister of Finance, Sigrid Kaag, of being a secret agent for a global Deep State since her studies at Oxford. The accusation prompted Kaag and the entire cabinet to exit the chamber. While some MPs defended Baudet's right to speak, others supported the chair's (...) decision to silence him for violating the rules. These events showcase the divisive potential of conspiracy accusations in politics, causing polarised reactions. Our analysis delves into the dynamics of conspiracy accusations, their impact on polarisation, and the role of intended audiences (as opposed to general audiences) in both advancing accusations and shaping responses thereto. We argue that Baudet's tactics aimed at capitalising on the polarisation his accusations generated. We argue further that dismissing conspiracy accusations too hastily can deepen public distrust in elected officials, emphasising the need for caution in handling such claims. Ultimately, we highlight the broader pattern of conspiracy accusations being employed to fuel political polarisation, raising questions about their role in democratic deliberation. (shrink)

This new translation presents the _Analects_ in a revolutionary new format that, for the first time in any language, distinguishes the original words of the Master from the later sayings of his disciples and their followers, enabling readers to experience China's most influential philosophical work in its true historical, social, and political context.

The majority of North American corporations awakened to the need for their own ethical guidelines during the late 1970s and early 1980s, even though modern corporations are subject to a surprising multiplicity of external codes of ethics or conduct. This paper provides an understanding of both internal and external codes through a discussion of the factors behind the development of the codes, an analysis of internal codes and an identification of problems with them.

The concept of 'levels of organization' has come under fire recently as being useless for scientific and philosophical purposes. In this paper, we show that 'levels' is actually a remarkably resilient and constructive conceptual tool that can be, and in fact is, used for a variety of purposes. To this effect, we articulate an account of the importance of the levels concept seen in light of its status as a major organizing concept of biology. We argue that the usefulness of (...) ‘levels’ is best seen in the heuristic contributions the concept makes to treating and structuring scientific problems. We illustrate this with two examples from biological research. (shrink)

This paper proposes a formal top-level model of explaining the outputs of machine-learning-based decision-making applications and evaluates it experimentally with three data sets. The model draws on AI & law research on argumentation with cases, which models how lawyers draw analogies to past cases and discuss their relevant similarities and differences in terms of relevant factors and dimensions in the problem domain. A case-based approach is natural since the input data of machine-learning applications can be seen as cases. While the (...) approach is motivated by legal decision making, it also applies to other kinds of decision making, such as commercial decisions about loan applications or employee hiring, as long as the outcome is binary and the input conforms to this paper’s factor- or dimension format. The model is top-level in that it can be extended with more refined accounts of similarities and differences between cases. It is shown to overcome several limitations of similar argumentation-based explanation models, which only have binary features and do not represent the tendency of features towards particular outcomes. The results of the experimental evaluation studies indicate that the model may be feasible in practice, but that further development and experimentation is needed to confirm its usefulness as an explanation model. Main challenges here are selecting from a large number of possible explanations, reducing the number of features in the explanations and adding more meaningful information to them. It also remains to be investigated how suitable our approach is for explaining non-linear models. (shrink)

If a human subject knows they are being measured, this knowledge may affect their attitudes and behaviour to such an extent that it affects the measurement results as well. This broad range of effects is shared under the term ‘reactivity’. Although reactivity is often seen by methodologists as a problem to overcome, in this paper I argue that some quite extreme reactive changes may be legitimate, as long as we are measuring phenomena that are not simple biological regularities. Legitimate reactivity (...) is reactivity which does not undermine the accuracy of a measure; I show that if such reactivity were corrected for, this would unjustifiably ignore the authority of the research subject. Applying this argument to the measurement of depression, I show that under the most commonly accepted models of depression there is room for legitimate reactivity. In the first part of the paper, I provide an inventory of the different types of reactivity that exist in the literature, as well as the different types of phenomena that one could measure. In the second part, I apply my argument to the measurement of depression with the PHQ-9 survey. I argue that depending on what kind of phenomenon we consider depression to be, we will accept different kinds of reactivity. I show that both under the harmful dysfunction model and the practical kinds model, certain reactive changes in measuring depression are best seen as legitimate recharacterizations of the underlying phenomenon, and define what legitimate means in this context. I conclude that in both models, biological aspects constrain characterization, but the models are not so strict that only one concept is acceptable, leaving room for reactivity. (shrink)

Despite the ubiquity of “levels of organization” in the scientific literature, a nascent “levels skepticism” now claims that the concept of levels is an inherently flawed, misleading, or otherwise inadequate notion for understanding how life scientists produce knowledge about the natural world. However, levels skeptics rely on the maligned “layer-cake” account of levels stemming from Oppenheim and Putnam’s defense of the unity of science for their critical commentary. Recourse to layer-cake levels is understandable, as it is arguably the default conception (...) of levels in philosophy. However, relying on this conception of levels undermines the initial plausibility of general dismissals of the concept, because the problems skeptics identify within the “basic idea” of the concept “levels” are merely ones already widely acknowledged in this conception. I illustrate this “guilt by association” by looking at the embedded role of “levels” in articulating intertheoretical reductionism during the latter part of the 20th century. I conclude by suggesting a methodological framework focusing on local usage patterns as a promising means for future analysis of the levels concept. (shrink)

In the debate over trinitarian language, the fact remains that terms such as Father or Son are heard as referring to males To forge a doctrine of the Trinity for today, the question we need to ask is, “What would be an emancipatory retrieval of Christian speech about God as Triune?”.

Polygamy is a hotly contested practice and open to widespread misunderstandings. This practice is defined as a relationship between either one husband and multiple wives or one wife and multiple husbands. Today, “polygamy” almost exclusively takes the form of one husband with multiple wives. In this article, my focus will center on limited defenses of polygamy offered recently by Chesire Calhoun and Martha Nussbaum. I will argue that these defenses are unconvincing. The problem with polygamy is primarily that it is (...) a structurally inegalitarian practice in both theory and fact. Polygamy should be opposed for this reason. (shrink)

Exploring the use of nudges and informed consent in medical ethics.

The United States Fish and Wildlife Service in Alaska, USA, conducted a species status assessment for a petition to list the Alexander Archipelago wolf (Canis lupus ligoni) under the Endangered Species Act in 2020-2022. This federal undertaking could not be adequately prepared without including the knowledge of Indigenous People who have a deep cultural connection with the subspecies. Our objective is to communicate the authoritative expertise and voice of the Indigenous People who partnered on the project by demonstrating how their (...) knowledge contributed to the species status assessment. The Indigenous knowledge applied in the assessment is the cultural and intellectual property of those who have shared it. We employed rapid appraisal research to expeditiously develop a preliminary and qualitative understanding of Indigenous People's cultural and ecological knowledge of Alexander Archipelago wolves. We used semi-directed interviewing and inductive coding from grounded theory for text analysis. Indigenous knowledge contributed to the agency's understanding of the Alexander Archipelago wolf in Southeast Alaska and helped the agency with their classification decision. Indigenous research partners explained the rich cultural significance and position of wolves in Tlingit society and described human–wolf relationships and ecological interactions. The agency used a single-species assessment approach based in species ecology and conservation biology, whereas the Indigenous wolf experts applied a multi-species, community ecology approach based in a sociocultural context of balance and respect. The Indigenous wolf experts successfully addressed knowledge gaps identified by the agency. The partners were challenged by a short regulatory timeframe that did not allow for comprehensive study of Indigenous knowledge and constrained review and feedback by Indigenous experts. The United States Fish and Wildlife Service learned that its assessment framework was not designed to account for an Indigenous worldview. To level the playing field, the agency and Indigenous experts should discuss how to co-develop an assessment framework that equitably applies both perspectives. (shrink)

Philosophy &Public Affairs, Volume 53, Issue 1, Page 37-65, Winter 2025.

Climate change presents us with perhaps the most pressing challenge today. But is it a problem we can solve? This article argues that existing conservationist and adaptation approaches fail to satisfy their objectives. A second issue that these approaches disagree about how best to end climate change, but accept that it is a problem that can be solved. I believe this view is mistaken: a future environmental catastrophe is an event we might at best postpone, but not avoid. This raises (...) new ethical questions for climate change: what are the moral implications of a future climatic catastrophe that might be delayed at best? What practical consequences might these implications yield? This article argues most political philosophers have misunderstood the kind of problem that climate change presents and the daunting challenges we face. (shrink)

My book, Punishment, has three aims: to provide the most comprehensive and updated examination of the philosophy of punishment available, to advance a new theory—the unified theory of punishment—as a compelling alternative to available theories and to consider the relation of theory to practice. In his recent review article, Mark Tunick raises several concerns with my analysis. I address each of these concerns and argue they rest largely on misinterpretations which I restate and clarify here.

Perhaps one of the most controversial aspects of Hegel's Philosophy of Right for contemporary interpreters is its discussion of the constitutional monarch. This is true despite the general agreement amongst virtually all interpreters that Hegel's monarch is no more powerful than modern constitutional monarchs and is an institution worthy of little attention or concern. In this article, I will examine whether or not it matters who is the monarch and what domestic and foreign powers he has. I argue against the (...) virtual consensus of recent interpreters that Hegel's monarch is far more powerful than has been understood previously. In part, Hegel's monarch is perhaps even more powerful than Hegel himself may have realized and I will demonstrate certain inconsistencies with some of his claims. My reading represents a distinctive break from the virtual consensus, without endorsing the view that Hegel was a totalitarian. (shrink)

Prefrontal cortex is dysregulated in women with restricting anorexia nervosa . It is not known whether appetitive non-conscious stimuli bias cognitive responses in those with RAN. Thirteen women with RAN and 20 healthy controls completed a dorsolateral PFC working memory task and an anterior cingulate cortex conflict task, while masked subliminal food, aversive and neutral images were presented. During the DLPFC task, accuracy was higher in the RAN compared to the HC group, but superior performance was compromised when subliminal food (...) stimuli were presented: errors positively correlated with self-reported trait anxiety in the RAN group. These effects were not observed in the ACC task. Appetitive activation is intact and anxiogenic in women with RAN, and non-consciously interacts with working memory processes associated with the DLPFC. This interaction mechanism may underlie cognitive inhibition of appetitive processes that are anxiety inducing, in people with AN. (shrink)

This article argues that even if we grant that murderers may deserve death in principle, retributivists should still oppose capital punishment. The reason? Our inability to know with certainty whether or not individuals possess the necessary level of desert. In large part due to advances in science, we can only be sure that no matter how well the trial is administered or how many appeals are allowed or how many years we let elapse, we will continue to execute innocent persons (...) for as long as we legalize capital punishment. Thus, on grounds of desert, this article argues that retributivists should oppose capital punishment. (shrink)

-/- Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: -/- [retributivism] justifies punishment in terms not of its contingently beneficial effects (...) but of its intrinsic justice as a response to crime; the justificatory relationship holds between present punishment and past crime, not between present punishment and future effects. -/- Punishment is given only to persons responsible for committing crime. In addition, the degree of punishment is set in proportion to the relative badness of the precipitating crime. Thus, retributivism can be understood as an individualistic theory because the only relevant factors pertain solely to the individual criminal himself. -/- The general attraction of Hegel's version of retributivism is that the punishments his theory is thought to endorse are commensurable in value with precipitating crimes, in contrast to the strict equivalence required by Kant's theory of punishment. As a result, Hegel's theory is praised both for being more acceptable to modern readers than Kant's so-called ‘pure retributivism’, as well as for being an ‘emphatically anti-utilitarian’ theory. Despite widespread agreement on these general features, it is hotly contested how exactly we are to understand the way in which punishment cancels crimes, and Hegel's difficult style has only served to make the controversy deeper. For example, Ted Honderich says: ‘A punishment is an annulment, a cancellation or a return to a previous state of affairs … All this, of course, is obscure. It is by Hegel’. (shrink)

Conservation can occur anywhere regardless of scale, political jurisdiction, or landownership. We present a framework to help managers at protected areas practice conservation at the scale of relationships. We focus on relationships between stakeholders and protected areas and between managers and other stakeholders. We provide a synthesis of key natural resources literature and present a case example to support our premise and recommendations. The purpose is 4-fold: 1) discuss challenges and threats to conservation and protected areas; 2) outline a relationship-scale (...) approach to address conservation threats; 3) describe the tools and techniques that can be used to implement this approach; and 4) present a case example from rural Alaska, USA, to illustrate relationship-scale conservation. Our case example illustrates how aspects of this approach to conservation were applied to address a wildlife population decline. Tools needed to implement relationship-scale conservation include 1) collecting and documenting narratives of place; 2) measuring and monitoring trust and commitment; and 3) identifying and mitigating threats. We recommend that planners and managers, working with their research partners, redefine and refocus their goals and objectives to include these practices. Doing so will enable them to gain substantial applied knowledge about their stakeholders and foster and maintain place relationships as desired outcomes of conservation. The ultimate outcome is a better prognosis for long-term global survival of protected areas and biodiversity. Published 2014. This article is a U.S. Government work and is in the public domain in the USA. (shrink)

People frequently gesture when problem-solving, particularly on tasks that require spatial transformation. Gesture often facilitates task performance by interacting with internal mental representations, but how this process works is not well understood. We investigated this question by exploring the case of mental abacus, a technique in which users not only imagine moving beads on an abacus to compute sums, but also produce movements in gestures that accompany the calculations. Because the content of MA is transparent and readily manipulated, the task (...) offers a unique window onto how gestures interface with mental representations. We find that the size and number of MA gestures reflect the length and difficulty of math problems. Also, by selectively interfering with aspects of gesture, we find that participants perform significantly worse on MA under motor interference, but that perceptual feedback is not critical for success on the task. We conclude that premotor processes involved in the planning of gestures are critical to mental representation in MA. (shrink)

Medically unexplained symptoms (MUS) are common and costly in both primary and secondary health care. It is gradually being acknowledged that there needs to be a variety of interventions for patients with medically unexplained symptoms to meet the needs of different groups of patients with such chronic long-term symptoms. The proposed intervention described herewith is called The BodyMind Approach (TBMA) and promotes learning for self-management through establishing a dynamic and continuous process of emotional self-regulation. The problem is the mismatch between (...) the patient’s mind-set and profile and current interventions. This theoretical article, based on practice-based evidence, takes forward the idea that different approaches (other than cognitive behaviour therapy) are required for people with MUS. The mind-set and characteristics of patents with MUS are reflected upon to shape the rationale and design of this novel approach. Improving services for this population in primary care is crucial to prevent the iterative spiralling downwards of frequent GP visits, hospital appointments, and Accident and Emergency attendance, all of which are common for these patients. The approach derives from embodied psychotherapy (authentic movement in dance movement psychotherapy) and adult models of learning for self-management. It has been developed from research and practice-based evidence. In this article the problem of MUS in primary care is introduced and the importance of the reluctance of patients to accept a psychological/mental health referral in the first instance is drawn out. A description of the theoretical underpinnings and philosophy of the proposed alternative to current interventions is then presented related to the design, delivery, facilitation and educational content of the programme. The unique intervention is also described to give the reader a flavour. (shrink)

The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. On the contrary, I will argue there are very different senses in which Kant discusses punishment. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. When these standpoints are taken into consideration, Kant's theory of punishment is more coherent and unified than previously thought. This reading uncovers a new problem in Kant's theory of punishment. By assuming a potential (...) offender's intentional disposition as Kant does without knowing it for certain, we further exacerbate the opportunity for misdiagnosis. (shrink)

Psychoanalytic literary criticism has always been something of an embarrassment. One resists labeling as a “psychoanalytic critic” because the kind of criticism evoked by the term mostly deserves the bad name it largely has made for itself. Thus I have been worrying about the status of some of my own uses of psychoanalysis in the study of narrative, in my attempt to find dynamic models that might move us beyond the static formalism of structuralist and semiotic narratology. And in general, (...) I think we need to worry about the legitimacy and force that psychoanalysis may claim when imported into the study of literary texts. If versions of psychoanalytic criticism have been with us at least since 1908, when Freud published his essay on “Creative Writers and Day-dreaming,” and if the enterprise has recently been renewed in subtle ways by post-structuralist versions of reading, a malaise persists, a sense that whatever the promises of their union, literature and psychoanalysis remain mismatched bedfellows—or perhaps I should say playmates.The first problem, and the most basic, may be that psychoanalysis in literary study has over and over again mistaken the object of analysis, with the result that whatever insights it has produced tell us precious little about the structure and rhetoric of literary texts. Traditional psychoanalytic criticism tends to fall into three general categories, depending on the object of analysis: the author, the reader, or the fictive persons of the text. The first of these constituted the classical locus of psychoanalytic interest. It is now apparently the most discredited, though also perhaps the most difficult to extirpate, since if the disappearance of the author has been repeatedly announced, authorial mutants ceaselessly reappear, as, for instance, in Harold Bloom’s psychomachia of literary history. Like the author, the fictive character has been deconstructed into an effect of textual codes, a kind of thematic mirage, and the psychoanalytic study of the putative unconscious of characters in fiction has also fallen into disrepute. Here again, however, the impulse resurfaces, for instance in some of the moves of a feminist criticism that needs to show how the represented female psyche refuses and problematizes the dominant concepts of male psychological doctrine. Feminist criticism has in fact largely contributed to a new variant of the psychoanalytic study of fictive characters, a variant one might label the “situational-thematic”: studies of Oedipal triangles in fiction, their permutations and evolution, of the roles of mothers and daughters, of situations of nurture and bonding, and so forth. It is work often full of interest, but nonetheless methodologically disquieting in its use of Freudian analytic tools in a wholly thematic way, as if the identification and labeling of human relations in a psychoanalytic vocabulary were the task of criticism. The third traditional field of psychoanalytic literary study, the reader, continues to flourish in ever-renewed versions, since the role of the reader in the creation of textual meaning is very much on our minds at present, and since the psychoanalytic study of readers’ responses willingly brackets the impossible notion of author in favor of the acceptable and also verifiable notion of reader. The psychoanalytic study of the reader may concern real readers or the reader as psychological everyman . But like the other traditional psychoanalytic approaches, it displaces the object of analysis from the text to some person, some other psychodynamic structure—a displacement I wish to avoid since, as I hope to make clear as I go along, I think psychoanalytic criticism can and should be textual and rhetorical. Peter Brooks is the Tripp Professor of the Humanities at Yale University, where he is also director of the Whitney Humanities Center and chairman of the French department. His most recent book is Reading for the Plot: Design and Intention in Narrative, which has recently been reissued in paperback. His work in progress concerns psychoanalysis and story-telling. (shrink)