Individuals convicted of crimes are often subject to numerous restrictions — on housing, employment, the vote, public assistance, and other goods — well after they have completed their sentences, and in some cases permanently. The question of whether — and if so, when — ex-offender restrictions are morally permissible has received surprisingly little philosophical scrutiny. This article first examines the significance of completing punishment, of paying one's debt to society, and contends that when offenders' debts are paid, they should (...) be restored to full standing as citizens. Thus all ex-offender restrictions are presumptively unjustified. Nonconsequentialist defences of these restrictions are ultimately unsuccessful in defeating the presumption against them. In a limited range of cases, consequentialist considerations — namely, of risk reduction — may be sufficient to override the presumptive case against these restrictions. The article concludes by suggesting a number of criteria for assessing whether particular restrictive measures are permissible on grounds of risk reduction. (shrink)

ABSTRACT:This article contributes to the business ethics literature by applying and extending an emerging theoretical perspective—stakeholder capability enhancement —to previously unexplored areas of business ethics inquiry related to work, dignity, and relationships between firms, ex-offenders, and other stakeholders. In particular, I direct attention to ex-offenders as critical community-based stakeholders pursuing employment opportunities with employers in these communities. I discuss how prevailing hiring practices in firms restrict opportunities for ex-offenders to obtain meaningful work and undermine stakeholder capabilities and (...) dignity. I consider three primary pathways for expanding employment opportunities for ex-offenders, enhancing the capabilities and dignity of ex-offenders and other community-based stakeholders, and maintaining critical employer rights. The article concludes with a discussion of potential directions for future research. (shrink)

The evidence suggests that employers discriminate against ex-offenders in the labour market. The problem is potentially serious as it involves a substantial proportion of the population, especially the male population. Since research has shown that most people with prior convictions stop offending by their late 20s or early 30s, the validity of selection based on criminal record remains questionable. This paper examines the need for legal protection of ex-offenders by limiting employers' access to, and use of, information on (...) criminal background. The rights and interests of the various parties involved, employers, ex-offenders, and the general public, are discussed. Approaches to the legal protection of ex-offenders in Australia are reviewed and legislative changes proposed. (shrink)

The policy adopted by housing authorities of denying prospective tenants with a criminal record access to housing is an important barrier to ex-offenders seeking somewhere to live. The policy is legal, but are there any good reasons in favor of it when we know that having no, or limited, access to secure and affordable housing increases the probability of recidivism? The primary aim of this article is to critically discuss two central reasons that have been given for denying people (...) with criminal records access to housing: that doing so will prevent crime, and that the policy reduces fear of crime. We also try to evaluate an argument for the conclusion that current law, and the policies that follows wrongfully discriminate against people with criminal records. The general thrust of the article is that arguments for this practice turning on its crime preventive effect, and its role in reducing or preventing fear of crime, are unpersuasive. We then explained why, in our view, excluding ex-offenders from housing amounts to wrongful discrimination against them. Our analysis suggests that ex-offenders, apart from a few excemptions, ought to be allowed access to housing to the same extent as other people. (shrink)

The aim of this study is to identify the typical psychological, demographic, socio-economical, educational, health, and criminological characteristics of juvenile delinquents who tend to continue in their criminal career to adulthood and therefore obstruct the possibility of successful, non-offending integration to society. Subjects of research were young male prisoners jailed in the Juvenile imprisonment house that completed the test battery. By ex-post analysis after a period of five years, the differences between offenders and non-offenders were identified. Results show (...) significant differences in the age of prisoners, length of imprisonment, presence of violent offence in the criminal history, number of previous offences recorded, differences in factors i, h, and q1 from the Sixteen Personality Factor Questionnaire, responses within the Hand test characteristic, and in several signs of the drawings in a Draw-A-Person test. The importance and influence of listed factors is discussed. (shrink)

Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive or inapplicable. The (...) chapter also notes that moral disagreement about theories of just sentencing are plausibly resolved by applying the principle of maximising expected moral choiceworthiness, and that automated decision making is better suited to the resulting ensemble model. Finally, the chapter considers the challenge posed by penal populism. The dispiriting conclusion is that although it is in theory morally desirable to use automated decision-making for criminal sentencing, it may well be the case that we ought not to try. (shrink)

Employers’ access to and use of criminal records as a selection mechanism in the labor market makes it far more difficult for ex-offenders to find jobs, especially regular, well-paid jobs, than those without criminal convictions. The paper asks whether there is anything morally problematic about this practice. The aims of the paper are twofold. First, arguments based on premises of wrongful discrimination against the current, commonest use of criminal records are critically discussed. It is argued that employers do not (...) necessarily engage in morally wrongful discrimination against job applicants when they use criminal records in recruitment screening. But it is also argued that ex-offenders who apply for jobs are subject to what can be called “structural and morally wrongful discrimination” when laws allow employers to request (or directly access) a job applicant’s full criminal record. Second, preliminary proposals on how criminal records can be used by employers in a way that avoids wrongful structural discrimination of ex-offenders will be presented and critically assessed. I suggest that it should be lawful for an employer to access an applicant’s criminal records only where there is a relevant and special match or link between the crime on the records and the job being applied for and the crime is serious. This proposal is defended against two objections, one based on concerns about crime prevention and the other based on the employer’s interest in knowing whom not to hire. (shrink)

Thus reads the ‘optimus Laurentianus,’ and starting hence we shall refuse claudent, the facile but incoherent correction of some MSS., and still more the claudunt which the majority offer. Nor for all that shall we make the ineptitude of these readings a ground for condemning the pentameter, which, save for its lack of grammatical construction, is perfectly faultless in expression. Turning our attention to the hexameter, we observe that Parca, a synonym for fata with trahebat will set everything right. The (...) offending fata is due to a gloss or an unfortunate reminiscence. (shrink)

Who Must Presume Whom to Be Innocent of What? This paper explores the roles that the presumption of innocence (PoI) can play beyond the criminal trial, in other dealings that citizens may have with the criminal law and its officials. It grounds the PoI in a wider notion of the civic trust that citizens owe each other, and that the state owes its citizens: by attending to the roles that citizens may find themselves playing in relation to the criminal law (...) (such roles as suspect, defendant, convicted offender and ‘ex-offender’), we can see both how a PoI protects us, beyond the confines of the trial, against various kinds of coercion, and how that PoI is modified or qualified as we acquire certain roles. To develop and illustrate this argument, I pay particular attention to the roles of defendant (both during the trial and while awaiting trial) and of ‘ex-offender,’ and to the duties that such roles bring with them. (shrink)

Pessimistic empirical evidence about the reformatory and deterrent effects of punitive treatment poses a challenge for all justificatory theories of punishment. Yet, the dominant progressive view remains that punishment is required for the most serious crimes. This paper outlines an empirically sensitive prospectus for justifying punitive treatment through understanding the importance of reintegration. On this view, punishment can be viewed as a preferred alternative to the rigours of social ostracism, a common way of dealing with offenders in lieu of (...) formal criminal justice. Adopting reintegration as a primary aim encourages taking a longer view which focuses on desistance from criminality rather than only on reform at the point of release from formal punishment. The view outlined in this paper enables a vindication of reintegrative punishment even when it is not the most immediately efficient means of reforming offenders. In making this argument, I develop the modern retributive platform in criminal justice theory, identify various overlooked yet key nuances in the relationship between reintegration and reform, and argue for greater theoretical and practical attention to how the state can make the communities they serve more receptive to reintegrating offenders. (shrink)

In this paper, I argue that a constitutionalized Harm Principle could ensure that people are not jailed unless they deserve it. I do not aim to outline every possible type of bad consequence beyond harm that might be sufficiently serious to justify criminalization. Instead, I focus on criminalization that is backed up with jail terms and I argue that wrongful harm to others provides the only moral and constitutional justification for sending people to jail. Imprisonment harms the prisoner, so she (...) should not be imprisoned unless she has caused proportionate harm to others. I argue that the sufficient conditions for sending an offender to jail are: (1) that the offender's actions have (or risk) bad consequences that are sufficiently harmful to make her commensurately deserving of penal detention; and (2) that the offender culpably (that is, with a state of mind somewhere along the intentional/reckless/gross negligence continuum) chose (aimed or attempted) to bring about those bad consequences or did so with reckless indifference. The lawmaker would need to demonstrate from the ex ante perspective that proposed offenses carrying jail sentences are a proportionate and fair way of dealing with the wrongs involved. Because jail (including short sentences of a few days) involves hard treatment (seriously harmful consequences for the prisoner) harm to others would be the only bad consequence of sufficient weight to justify a jail sentence. Jailing people for wrongful behavior that has harmless consequences would be an unjust and disproportionate response. In terms of understanding imprisonment (a physical deprivation of liberty) in the United States, it is better to refer to the Eighth Amendment of the Constitution than to the Due Process Clause. The Eighth Amendment, if read morally, could be invoked to strike down laws that carry prison sentences for wrongs that do not result in harm to others. This is because harming a person by subjecting her to the hard treatment that is involved in serving a jail term would be a disproportionate response unless the wrongdoer inflicted equivalent harm on others. I argue, that the Eighth Amendment should be interpreted in a way that accords with its overall moral aim or purpose. The Amendment's overall moral aim is to ensure that the state does not inflict unjust, oppressive, or disproportional punishments on its citizens. (shrink)

In this article, I argue that Michael Moore’s (1997), and other similar formulations of desert retributivism – viz., the theory that holds punishment to be justified because of the deserved suffering it imposes on guilty offenders – are epistemically problematic. The argument draws on John Dewey’s inchoate critique of retribution, and on Dewey’s more general contention that the justification of ethical judgments and principles proceeds ex post – viz., that it depends on the experiences elicited by acting on those (...) judgments and principles. Based on Dewey’s ex post take on justification, I more specifically argue that, given its commitment to moral naturalism and to coherentism, Moore’s version of desert retributivism is epistemically unwarranted. This is because we have evidentially grounded reasons to think that many of the retributive judgments that underlie the principle of retributive justice are not clearly supported ex post in the relevant, desert retributivist sense. (shrink)

A central thinker on the question of the animal in continental thought, Élisabeth de Fontenay moves in this volume from Jacques Derrida’s uneasily intimate writing on animals to a passionate frontal engagement with political and ethical theory as it has been applied to animals—along with a stinging critique of the work of Peter Singer and Paola Cavalieri as well as with other “utilitarian” philosophers of animal–human relations. Humans and animals are different from one another. To conflate them is to be (...) intellectually sentimental. And yet, from our position of dominance, do we not owe them more than we often acknowledge? In the searching first chapter on Derrida, she sets out “three levels of deconstruction” that are “testimony to the radicalization and shift of that philosopher’s argument: a strategy _through_ the animal, exposition to an animal or to this animal, and compassion _toward_ animals.” For Fontenay, Derrida’s writing is particularly far-reaching when it comes to thinking about animals, and she suggests many other possible philosophical resources including Adorno, Leibniz, and Merleau-Ponty. Fontenay is at her most compelling in describing philosophy’s ongoing indifference to animal life—shading into savagery, underpinned by denial—and how attempts to exclude the animal from ethical systems have in fact demeaned humanity. But Fontenay’s essays carry more than philosophical significance. _Without Offending Humans_ reveals a careful and emotionally sensitive thinker who explores the unfolding of humans’ assessments of their relationship to animals—and the consequences of these assessments for how we define ourselves. (shrink)

Ex 5,22-6.1 presents Moses appealing to the Lord and God's answer to the prophet. Moses' prayer is configured as a cry of despair stemming from a bewilderment of his vocation as a promoter of liberty, subdued by human conditions. The prophet of failure is paradoxical, since it reveals both as a personal and divine failure. For these reasons, Moses has faith put to the test. His reaction shown by a fiery prayer and full of fervor. God responds with the renewal (...) of the promise of liberation. (shrink)

Is it morally acceptable to instigate criminal offenders to participate in rehabilitative treatment by offering treatment in return for early release from prison? Some theorists have supported such treatment schemes by pointing to the beneficial consequences that follow from the treatment. Others have suggested that the schemes are unacceptably coercive, which implies that consent becomes an illusion. This paper argues that the discussion—with clear parallels to debates of other healthcare treatment offers in medical ethics—has adopted a too narrow focus. (...) By failing to consider the question as a penal theoretical problem, the arguments—both by proponents and critics of coercive treatment—become premature. (shrink)

The aim of the paper is to investigate how retributivists should respond to the apparent tension between moral desert and proportionality in punishment. I argue that rather than attempting to show that the term ‘proportionate punishment’ refers to whatever penal treatment the offender morally deserves, retributivists should maintain two things: first, that a punishment is proportionate when it is commensurate to the seriousness of the crime; second, that offenders morally deserve proportionate punishments. This view requires adopting a local theory (...) of desert as opposed to a holistic one. In the second part of the paper, I argue that there are indeed good reasons to adopt a local theory of desert. Once retributivism is seen through the lens of local desert, there is no obvious mistake in saying that offenders morally deserve punishments that are proportionate to the seriousness of their crimes. (shrink)

The concept of ‘pareto superiority’ plays a central role in ethics, economics, and law. Pareto superiority is sometimes taken as a relation between outcomes, and sometimes as a relation between actions—even where the outcomes of the actions are uncertain. Whether one action is classed as (ex ante) pareto superior to another depends on the prospects under the actions for each person concerned. I argue that a person’s prospects (in this context) can depend on how that person is designated. Without any (...) constraints on acceptable designators, then, the concept of pareto superiority is ill defined and gives inconsistent results. I consider various ways of completing the definition and draw out some surprising implications. (shrink)

According to contractualist theories in ethics, whether an action is wrong is determined by whether it could be justified to others on grounds no one could reasonably reject. Contractualists then think that reasonable rejectability of principles depends on the strength of the personal objections individuals can make to them. There is, however, a deep disagreement between contractualists concerning from which temporal perspective the relevant objections to different principles are to be made. Are they to be made on the basis of (...) the prospects the principles give to different individuals ex ante or on the basis of the outcomes of the principles ex post? Both answers have been found to be problematic. The ex ante views make irrelevant information about personal identity morally significant and lead to objectionable ex ante rules, whereas ex post views lead to counterintuitive results in the so-called different harm and social risk imposition cases. The aim of this article is to provide a new synthesis of these views that can avoid the problems of the previous alternatives. I call the proposal ‘risk-acknowledging’ ex post contractualism. The crux of the view is to take into account in the comparisons of different objections both the realized harms and the risks under which individuals have to live. (shrink)

Most offenders, even persistent offenders, eventually desist from crime, and the fastest period of deceleration in the frequency of offending is in the early twenties. This article summarises results from a longitudinal study of desistance from or persistence in crime in this age range, illustrated by three case histories. A key finding is that, because of their deep prior engagement in crime, would-be desisters from repeat offending need to make many adjustments to their patterns of daily life. The (...) authors explain why virtue ethics has been found to be a valuable resource in theorising these results. (shrink)

Ex ante contractualism holds that in situations involving risk we ought to act in accordance with principles that license the action that satisfies the strongest individual claim, where those claims are a function of the expected value that a given policy gives each person ex ante. I here challenge ex ante contractualism on contractualist grounds. I argue that adopting ex ante contractualism would have far reaching implications that contractualists, or many nonconsequentialist in general, would find very hard to accept. I (...) conclude that to block these implications, contractualists should adopt an ex post approach to deal with decisions under risk. (shrink)

Prioritarianism is a variant of utilitarianism. It differs from utilitarianism in that benefiting individuals matters more the worse off these individuals are. On this view, there are two standard ways of handling risky prospects: Ex-Post Prioritarianism adjusts for prioritizing the worse off in final outcomes and then values prospects by the expectation of the sum total of those adjusted values, whereas Ex-Ante Prioritarianism adjusts for prioritizing the worse off on each individual's expectation and then values prospects by the sum total (...) of those adjusted expectations. A standard objection to Ex-Post Prioritarianism is that it violates Ex-Ante Pareto, that is, it prescribes choices that worsen the expectations for everyone. In this article, I argue that Ex-Ante Prioritarianism suffers from much the same problem: it violates a sequential version of Ex-Ante Pareto, that is, it prescribes sequences of choices that worsen the expectations for everyone. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.4 (2000) 577-593 [Access article in PDF] Machina Ex Deo: William Harvey and the Meaning of Instrument Don Bates Introduction Since our clocks do consistently disclose each hour of the day and night--do they not seem to partake of another body (beyond the elements), and that more divine? But if, under the dominion and management of [our human] Art, such splendid things are (...) daily achieved beyond the powers of the objects themselves,... And if, in serving men they carry out such things as are to be marvelled at, what I ask, may we expect from them when they be instruments in the hand of God? These words come near the end of William Harvey's De generatione animalium. 1 As he does often in this work, he is arguing that it is possible for a material object to behave supra vires elementorum, i.e., in a manner that exceeds what can be explained merely from the qualities of the elements from which it is made. In fact, just before this, he argues that human craftsmanship enables the elements of air and water to make ships sail in opposite directions, fire to do one sort of thing in the kitchen, another in the shops of metal-workers, including the production of iron, which in its turn peacefully tills the soil or besieges the town in war. So if even human Art is capable of making something as wonderful as a clock out of the elements, how much more might God be able to do with them? [End Page 577]Not only is it entirely conceivable that the (divinely) artful manipulation of these same elements can account for the wonders of God's nature--such as the generation of a chick out of an egg--there is also no need to infer the existence of additional entities such as faculties, qualities, agents, and the like. All that is needed is the concept of "instrument." Today such things as his appeal to a clock, his reference to "art," and the word "instrument" itself, are liable to arouse in our minds a fairly mechanical sort of image. Therefore, we need to put this idea in its intellectual context, by looking at where Harvey's notion of instrument is coming from.First, our much more mechanical world view was just coming into being as Harvey (1578-1657) wrote these words. Although the philosophy of his younger contemporary, René Descartes (1596-1650) was not yet in full bloom (he died a year before Harvey's book appeared), Cartesianism was certainly on the explanatory horizon, 2 as was the work of another contemporary and contributor to the "new philosophy," Pierre Gassendi (1592-1655). 3 And, of course, Harvey had certainly known Francis Bacon (1561-1626). 4 Nevertheless, Harvey was a devout Aristotelian who was adamantly opposed to the efforts of these contemporaries to replace Aristotle. 5 Moreover, it was from the Aristotelian tradition, not from the new mechanics, that Harvey had derived the concept of instrument.If, broadly speaking, the "new philosophy" was about a universe that was built like a clock, then the "old" natural philosophies, whether dominated by Platonism, Aristotelianism, Christian theology, or some combination, were about a universe that was socially constructed. 6 Not only was man at the center, to a large extent the workings of the universe were envisioned in terms of social experience. The regularity, predictability, harmony, and wonder of natural phenomena seemed best explained in the language of reason, moral values, motives, responsibilities, hierarchies, laws (in the social sense), and the like, explanatory resources that, in the late ancient and medieval intellectual cultures of Europe, far outweighed either those that appealed to the passively material and the mechanical, or to the random and the chance.But very central to that social model of nature was the concept of instrument, which gave to it something of a mechanical twist. To see how this was so, we need to go back temporarily to the works of Aristotle, the influence of... (shrink)

The Judeo-Christian concept of creatio ex nihilo provides a unique view of reality: God, the transcendent creator who has brought all things into being from nothing, is nonetheless profoundly immanent in his creatures. Such a worldview was apparently absent in classical Greek philosophy.1 It has been suggested by scholars, however, that similar understandings of the Deity's relation to the world can be found in Hinduism and other Eastern philosophies.2 It makes one wonder whether there are strands of ancient Chinese philosophy (...) that resonate with creatio ex nihilo. In this area, pioneering work has been carried out by American philosopher-theologian Robert Neville, who argues consistently that implications of... (shrink)

A prominent view of psychopathic moral reasoning suggests that psychopathic individuals cannot properly distinguish between moral wrongs and other types of wrongs. The present study evaluated this view by examining the extent to which 109 incarcerated offenders with varying degrees of psychopathy could distinguish between moral and conventional transgressions relative to each other and to nonincarcerated healthy controls. Using a modified version of the classic Moral/Conventional Transgressions task that uses a forced-choice format to minimize strategic responding, the present study (...) found that total psychopathy score did not predict performance on the task. Task performance was explained by some individual subfacets of psychopathy and by other variables unrelated to psychopathy, such as IQ. The authors conclude that, contrary to earlier claims, insufficient data exist to infer that psychopathic individuals cannot know what is morally wrong. (shrink)

Anna Mahtani describes a puzzle meant to show that the Ex-Ante Pareto Principle is incomplete as it stands and, since it cannot be completed in a satisfactory manner, decades of debate in welfare economics and ethics are undermined. In this paper, we provide a better solution to the puzzle which saves the Ex-Ante Pareto Principle from this challenge. We also explain how the plausibility of our solution is reinforced by its similarity to a standard solution to an analogous puzzle in (...) quantified epistemic logic. We also show that even if the puzzle were to remain unsolved, its impact on welfare economics and ethics would be limited. (shrink)

A number of theologians have propounded what we will call proposition : If God creates from an internal necessity, then God cannot have aseity. According to, there is inconsistency between divine aseity and the idea that God creates from an internal necessity. In this article, however, I develop an argument for the consistency of divine aseity and the idea that God creates from an internal necessity, thus claiming that proposition is false. The argument is founded upon the doctrine of creatio (...) ex nihilo along with two operative principles implied by this doctrine. (shrink)

In response to the racial disparities that plague the American criminal justice system, the Movement for Black Lives calls for an end to policing and punishment “as we know it.” But refusing to punish violent offenses leaves unprotected those most vulnerable to crime, and outright abolition thus appears to undermine black rights and liberties. I call this the decarceration dilemma. After discussing Tommie Shelby and Christopher Lewis’s attempts to resolve the dilemma, I offer my own, which employs a procedural rather (...) than a substantive solution. I lean on the principle of expanded asymmetry (EA), which holds that it is better to underpunish than overpunish. After defending EA, I note that it obtains only under conditions of uncertainty. I then show that because virtually all trials of black offenders meet the uncertainty condition, sentencing authorities are obliged to treat black offenders leniently. I conclude by noting the advantages of my proceduralist approach. (shrink)

Buridan endorsed the principles that any impossible, and a fortiori any self-contradictory, proposition entails each proposition. These principles are usually referred to as ‘Ex impossibili quodlibet’ (EIQ) and ‘Ex contradictione quodlibet’ (ECQ). Buridan further considered the instance ECCQ according to which any proposition follows from the conjunction of two contradictory propositions. Buridan showed how ECCQ can be proven by means the usual laws of conjunction and disjunction. Furthermore, he discovered that EIQ can be derived from ECCQ by means of the (...) principle that if a conclusion q follows from two premises, one of which is necessary, then q follows from the other premise alone. Buridan thought that this principle would be provable; but his proof turned out to be circular since it presupposed EIQ. Nevertheless, EIQ is validated by the definition of a ‘bona consequentia’. Somewhat more exactly, according to Buridan one may distinguish between inferences which are formally valid, ‘materially’ valid, and valid ‘as of now’. It is shown that formally valid inferences satisfy ECQ while ‘materially’ valid inferences satisfy EIQ. Furthermore, inferences which are valid ‘as of now’ satisfy the principle ‘Ex falso quodlibet’ saying that any false proposition ‘as of now’ entails every proposition. (shrink)

Written by a multi-disciplinary group of leading practitioners, _Sexual Offending Against Children_ provides an account of the practice, policy and management issues involved in the assessment and treatment of adult and adolescent sexual offenders against children. Written for practitioners from all disciplines concerned with this area of work, it is underpinned by a strong theoretical base, giving a practical and detailed description of the management of sexual offenders, as well as the potential impact on service providers.

A central thinker on the question of the animal in continental thought, Élisabeth de Fontenay moves in this volume from Jacques Derrida’s uneasily intimate writing on animals to a passionate frontal engagement with political and ethical theory as it has been applied to animals—along with a stinging critique of the work of Peter Singer and Paola Cavalieri as well as with other “utilitarian” philosophers of animal–human relations.Humans and animals are different from one another. To conflate them is to be intellectually (...) sentimental. And yet, from our position of dominance, do we not owe them more than we often acknowledge? In the searching first chapter on Derrida, she sets out “three levels of deconstruction” that are “testimony to the radicalization and shift of that philosopher’s argument: a strategy through the animal, exposition to an animal or to this animal, and compassion toward animals.” For Fontenay, Derrida’s writing is particularly far-reaching when it comes to thinking about animals, and she suggests many other possible philosophical resources including Adorno, Leibniz, and Merleau-Ponty.Fontenay is at her most compelling in describing philosophy’s ongoing indifference to animal life—shading into savagery, underpinned by denial—and how attempts to exclude the animal from ethical systems have in fact demeaned humanity. But Fontenay’s essays carry more than philosophical significance. Without Offending Humans reveals a careful and emotionally sensitive thinker who explores the unfolding of humans’ assessments of their relationship to animals—and the consequences of these assessments for how we define ourselves. (shrink)

This article examines the potential implications of the implementation of artificial intelligence in health care for both its delivery and the medical profession. To this end, the first section explores the basic features of AI and the yet theoretical concept of autonomous AI followed by an overview of current and developing AI applications. Against this background, the second section discusses the transforming roles of physicians and changes in the patient–physician relationship that could be a consequence of gradual expansion of AI (...) in health care. Subsequently, an examination of the responsibilities physicians should assume in this process is explored. The third section describes conceivable practical and ethical challenges that implementation of a single all-encompassing AI healthcare system would pose. The fourth section presents arguments for regulation of AI in health care to ensure that these applications do not violate basic ethical principles and that human control of AI will be preserved in the future. In the final section, fundamental components of a moral framework from which such regulation may be derived are brought forward, and some possible strategies for building a moral framework are discussed. (shrink)

This paper looks to revive and advance dialogue surrounding John Nijenhuis’s case against ‘existence language’ as a rendering of Aquinas’s esse. Nijenhuis presented both a semantic/grammatical case for abandoning this practice as well as a more systematic argument based on his reading of Thomist metaphysics. On one hand, I affirm the important distinction between being and existence and lend qualified support to his interpretation of the quantitiative/qualitative correlation between esse and essentia in Aquinas’s texts. On the other hand, I take (...) issue with Nijenhuis’s relegation of exist(ence) to a second-rate ontological principle, and to this end undertake a brief historical and etymological survey, noting its emergence in Greek thought (ὑπάρχϵιν, ἥπαρξις), its translation into medieval Latin (ex(s)istere, ex(s)istentia) and thus something of the pedigree of this terminology in modern usage. I conclude with some brief remarks on the task of exegeting Aquinas vis-à-vis the revivification of contemporary metaphysical ontology in general. (shrink)

In this article I engage with Sergei Bulgakov's “sophiological” critique of Aquinas's account of creatio ex nihilo and the divine ideas. Bulgakov claims that Aquinas's account is insufficiently Trinitarian, too influenced by pagan philosophy, and as such separates the divine will and intellect in such a way as to introduce arbitrariness and instrumentality into the relationship between the divine ideas and creation. I argue that it is inaccurate to characterise Aquinas's account of creation and the divine ideas as pagan or (...) non‐Trinitarian; instead, following Augustine, Aquinas understands the divine ideas as essential to a thoroughly Trinitarian understanding of creation which is necessary to avoid reducing creation to impersonal necessary emanation on the one hand, or an arbitrary act of will on the other. However, I concede that, at times, Aquinas's account of the ideas of things which are never created may have opened the door to later more voluntarist and possibilist views. (shrink)

William Lane Craig claims that the doctrine of creation ex nihilo is strongly supported by the Big Bang theory of the origin of the universe. In the present paper, I critically examine Craig’s arguments for this claim. I conclude that they are unsuccessful, and that the Big Bang theory provides no support for the doctrine of creation ex nihilo. Even if it is granted that the universe had a “first cause,” there is no reason to think that this cause created (...) the universe out of nothing. As far as the Big Bang theory is concerned, the cause of the universe might have been what Adolf Grünbaum has called a “transformative cause”---a cause that shaped something that was “already there.”. (shrink)

Guidé par l’extension de l’usage et des acceptions du signifiant « ex », l’auteur, à partir d’une longue expérience clinique auprès des couples et des familles, met en correspondance des phénomènes psychiques peu conscients des individus, enfants ou parents, et des groupes familiaux qu’ils constituent, avec des transformations sociales ou sociétales modifiant les bases historiques des sentiments d’identité. L’ensemble souligne la fréquence de troubles narcissiques et notamment du sentiment de la constance et de la valeur de soi, essentiel à ce (...) qui fait, au-delà du désir, la dimension « conjugale » du choix amoureux et du choix de type de lien. L’évolution perceptible de la temporalité y joue un grand rôle, déplaçant les identifications vers une adolescence modélisée. S’agit-il d’un ébranlement passager du sentiment identitaire, du renouvellement d’une pluralité de modalités identitaires ou d’une évolution anthropologique? (shrink)

Rehabilitation programmes are widely offered to offenders in custodial and community settings around the world. Despite the existence of a large evidence base that identifies features of effective practice, levels of programme integrity remain low and are widely believed to undermine successful rehabilitation. In this paper it is suggested that conceptualising rehabilitation as a moral activity which involves assisting offenders to make better ethical decisions is one way to address some of the difficulties in the delivery of rehabilitation (...) programmes that potentially lead to low levels of integrity, thereby increasing effectiveness. (shrink)

Pope John Paul II’s Apostolic Constitution Ex Corde Ecclesiae is not a new document. It was published almost twenty years ago – in 1990. Nevertheless it seems that it’s not very well known in Poland. Although it is mainly addressed to Catholic universities, one has to admit that it gives insightful description of academic world’s nature in general. This constitution recalls basic objectives and calling of academia. Ex Corde Ecclesiae is an important voice that speaks about the mission and identity (...) of university, which can be understood in two perspectives. First – in European dimension – it reminds us where Old Continent’s intellectual heritage and achievements come from. Secondly – in our Polish perspective – Apostolic Constitution Ex Corde Ecclesiae – may be a valuable signpost for our developing and reforming academic world, which not always seems to understand its identity and mission properly. (shrink)

This article addresses the question of how multiple offenders – that is, offenders who have committed more than one crime before they are apprehended – should be punished from a retributivist point of view. Two theories are evaluated, both defending the view that there should be a bulk discount for multiple offending. According to the first theory, a bulk discount follows from the idea of a punishment ceiling for types of crimes and the principle of parsimony in punishing. (...) According to the second, the discount follows from a certain view on mercy. However, it is argued that both theories suffer from theoretical flaws and that they are also insufficient in practical terms. That is, they fail to provide a basis for the making of decisions about how multiple -offence cases should be dealt with by the criminal justice system. (shrink)

This article makes the following three programmatic points. First, an understanding of divine transcendence, prominent in Christian theology's apophatic strain, developed in tandem, both historically and logically, with ideas about creation that eventuated in a creation ex nihilo viewpoint. Such an account of divine transcendence, second, fosters an account of creation that typically mixes both natural and personalistic images and categories. The loss of such an account of transcendence since the early modern period, I suggest thirdly and in conclusion, is (...) therefore responsible in great part for the dualistic, mutually exclusive alternation between a deistic, interventionist God and pantheism so common in modern Christian thought. (shrink)

Soon it may be possible to promote the rehabilitation of criminal offenders through _neurointerventions_ (interventions which exert direct physical, chemical or biological effects on the brain). Some jurisdictions already utilise neurointerventions to diminish the risk of sexual or drug-related reoffending. And investigation is underway into several other neurointerventions that might also have rehabilitative applications within criminal justice—for example, pharmacotherapy to reduce aggression or impulsivity. Ethical debate on the use of neurointerventions to facilitate rehabilitation—henceforth ‘neurorehabilitation’—has proceeded on two assumptions: that (...) we have instrumental reasons for employing neurorehabilitation (e.g. because it helps protect the public from crime); and that its permissibility depends upon whether its use unjustifiably infringes offenders’ rights. This paper defends a different, hitherto neglected thought. I argue we have rights-based reasons to offer neurorehabilitation to offenders—in other words, that offenders have a _moral right_ to neurorehabilitation. I identify three considerations which support a moral right to conventional rehabilitative interventions—(1) as a countermeasure to the debilitating side-effects of punishment; (2) as a derivative right of the right to hope for renewed liberty; and (3) as compensation for structural injustice. I argue these considerations extend to support a moral right to neurorehabilitation in the following instance: when neurorehabilitation would be part of the _most effective_ package for facilitating rehabilitation, and can be carried out at reasonable cost. I then defend my argument against potential objections, including the objection that neurorehabilitation is a bad option for offenders to have and the charge of over-medicalisation. (shrink)

Managing the violent behaviour of mentally disordered offenders is challenging in all jurisdictions. We describe the ethical framework and practical management of MDOs in England and Wales in the context of the move to equivalence of healthcare between hospital and prison. We consider the similarities and differences between prison and hospital management of the violent and challenging behaviours of MDOs. We argue that both types of institution can learn from each other and that equivalence of care should extend to (...) equivalence of criminal proceedings in court and prisons for MDOs. We argue that any adjudication process in prison for MDOs is enhanced by the relevant involvement of mental health professionals and the articulation of the ethical principles underpinning health and criminal justice practices. (shrink)